Amicus Brief Supporting Admission of Eyewitness-Identification Expert Testimony
This amicus brief argues that expert testimony on eyewitness identification and memory is critical when identity is disputed and scientifically recognized risk factors are present. Drawing on decades of research and wrongful-conviction data, it explains that eyewitness testimony is highly persuasive but frequently unreliable, that memory is reconstructive and vulnerable to contamination, and that jurors […]
Amicus Brief Challenging Admission of Penile Plethysmograph Evidence in Sexually Violent Predator Proceedings
This amicus brief urges courts to adopt a general presumption against admitting penile plethysmograph (PPG) evidence in sexually violent predator proceedings. It argues that PPG testing lacks scientific rigor and standardization, is vulnerable to manipulation, and depends on unsupported assumptions that physiological response reliably reflects subjective sexual arousal and predicts future criminal conduct. Because the procedure appears scientific, the brief warns that factfinders may give unreliable results undue weight, particularly in proceedings already marked by substantial stigma and prejudice.
The brief also argues that compelled PPG testing implicates fundamental rights to bodily and mental integrity and raises First Amendment concerns by treating private thoughts or physiological responses as evidence of future conduct. Given that SVP commitment may result in indefinite confinement, the brief contends that heightened due-process protections are required and analogizes PPG testing to polygraph evidence, urging a consistent, bright-line presumption of inadmissibility that would protect individual liberty and conserve judicial resources.
Motion for Diversion to Restorative Justice Program
This draft motion argues for diversion to restorative justice (RJ) programming in lieu of imposing a traditional probation sentence. Section I (p. 1-3) explains the basic tenets of restorative justice, citing research showing restorative justice is more effective at reducing recidivism than conventional court processes. Section II (p. 3-6) argues that restorative justice works even […]
Amicus arguing that every step of a facial recognition search—the probe photo, database used, photo editing, algorithmic search, and human review—must be disclosed under Brady v. Maryland.
Because each stage of Facial Recognition (FR) carries a risk of error, due process and Brady require disclosure concerning every step (pp. 6–7). The five steps are: (1) the probe photo used, (2) the database selected, (3) any photo editing performed, (4) the algorithmic search, and (5) human review (pp. 6, 9–13). The brief explains […]
Motion to Discount ShotSpotter Alert in Reasonable Suspicion Analysis and Suppress Evidence Seized from an Illegal Terry Stop
Relying on empirical studies from New York City, Chicago, Houston, and Dayton, Ohio, this motion explains that ShotSpotter alerts are unreliable because they rarely lead to discovery of gun-related crime or weapon use. It further argues that ShotSpotter alerts are unparticularized because they improperly equate assessments about a place with assessments about individuals in that […]
Motion for Jury Instructions Specific to Fingerprint Evidence
This motion describes social science research about the fallibility of fingerprint evidence (pp. 1-6); explains that jurors tend to perceive fingerprint evidence as infallible and over-rely on it (pp. 6-7); and discusses the effectiveness of jury instructions in countering this preconception of infallibility (pp. 7-15). The motion describes, links to, and argues for a short […]
Motion in Limine to Bifurcate Trial and Exclude Evidence of Client’s Prior Conviction During the Initial Phase
This motion argues that, in cases where the government must prove a prior conviction as an element of the offense, the trial should be bifurcated into two phases. In the first phase, the jury should hear evidence about the non-prior-conviction elements. Only if the jury returns a guilty verdict on these elements should the government […]
Motion to Exclude Child Sexual Abuse Accommodation Syndrome (CSAAS) Testimony
This motion challenges a forensic child abuse investigator’s attempt to bolster a child complainant’s credibility in a sexual assault case through testimony about Child Sexual Abuse Accommodation Syndrome (CSAAS). Drawing on social science and precedent, the motion argues that CSAAS testimony is not admissible under FRE 702 & Daubert because it is not scientifically reliable […]
Motion to suppress evidence obtained as a result of a suspicionless police order that commanded the driver to step out of a car during a routine traffic stop
This motion relies on new social science research showing that there is no serious risk of violence to police who conduct routine traffic stops to argue that courts should revisit the holding in Pennsylvania v. Mimms, 434 U.S. 106 (1977) (permitting officers to automatically order drivers out of the car during traffic stops) both under […]
Motion to Suppress Statement After Invocation of Fifth Amendment Right to Counsel
This suppression motion argues that client’s statement—“I think it’d probably be a good idea for me to get an attorney”—should be understood as a clear invocation of the Fifth Amendment right to counsel. Relying on a recent empirical study, the motion argues that the invocation standard should be synonymous with a reasonable listener standard. Because […]