Motion to Preclude Prosecution from Referring to Complainant as a “Victim”
This motion argues that referring to a complainant as a “victim” improperly bolsters credibility, undermines the presumption of innocence, and prejudices the accused by presupposing that a crime occurred. Drawing on social science research, including a study finding that jurors were more likely to presume guilt when an accuser was labeled a “victim” rather than […]
Motion arguing against suspicionless marijuana testing as a condition of pretrial release
This motion argues that, because the routine imposition of marijuana testing as a condition of release is at odds with the current legal, social, and scientific understanding about the risks posed by marijuana use, courts should exercise discretion and not impose a marijuana testing requirement as a pretrial condition of release unless there are specific reasons, beyond mere past […]
Amicus Brief in Support of Jury Instruction on Cross Racial Identifications
p. 9-18 overview studies on unreliability of cross-racial identifications and juror tendency to overestimate eyewitness accuracy. Brief also details why expert testimony and cross-examination do not eliminate the need for a jury instruction.
Amicus Brief – Prohibit showing witness a photo of defendant as trial preparation
Argues that showing a witness a photograph of the defendant prior to trial testimony shares the same unreliability as a show-up and is impermissibly suggestive.