Memo – Utility of the Theory of Deterrence at Sentencing
Cites research showing that the length of a sentence does not contribute to general deterrence, rather, deterrence is linked to the risk/certainty of detection: “there is no reliable evidence that appreciably longer periods of incarceration for violent crimes have a general deterrent effect on the population.” Particularly when looking at gun crimes and sentencing enhancements, […]
Amicus Brief in Support of Considering Race in a Reasonable Person Analysis
Cites studies demonstrating racial disparities in incidents of police violence, being stopped by police, and resulting perception of police
Motion to Exclude Gruesome and Inflammatory Photographs
“When jurors are presented with evidence that is particularly gruesome, they are likely to experience a visceral emotionally charged feeling that leads them to be inappropriately punitive.” Incorporates studies demonstrating that exposure to gruesome evidence decreases the brain’s capacity for logical reasoning.
Brief – Other Acts Evidence – Drug Use Evidence in Drug Distribution Case
p. 22-38 discuss the use of 404(b) “other acts” evidence and why evidence of drug possession is not relevant to intent to distribute drugs. The brief goes on to outline research demonstrating that such “other acts” evidence is highly likely to improperly prejudice the jury in a way that cannot be cured by a limiting […]
Transcript – Motions Hearing – Exclude Expert Witness due to Exposure to Biasing Information
Transcript of testimony and argument pursuant to the defense motion to exclude the government’s expert witness. Defense witness explains (with research studies as examples) confirmation bias, contextual bias, and exposure to task-irrelevant information. Arguments: p. 57-70.
Motion to Preclude Expert based on Exposure to Contextual Bias
Argues “substantial amount[s] of highly inflammatory task-irrelevant context information,” improperly impacts opinions, cites research on contextual bias in forensic experts
Motion to Exclude Fingerprint Expert, Request for Daubert Hearing
Explains process of latent fingerprint analysis, lack of uniform standards, false claims of “absolute certainty,” and why fingerprint analysis fails the Daubert standard.