Motion for Funding for a Juvenile Brain-Development Expert
This motion seeks public funding for a juvenile brain-development expert to explain how developmental immaturity affects a young person’s ability to assess risk, anticipate consequences, and foresee that participation in an underlying felony could result in death. Written in the context of a New York felony-murder prosecution, the motion argues that foreseeability is central to […]
Motion to Suppress Statement of Juvenile Client Subject to Police Deception
This motion seeks suppression of statements obtained from a juvenile through
deceptive interrogation tactics, false evidence claims, and/or promises or suggestions of
leniency. It argues that courts must evaluate voluntariness under the totality of the
circumstances, giving particular weight to the client’s age, maturity, education,
developmental or mental-health vulnerabilities, experience with law enforcement,
interrogation conditions, and comprehension of Miranda rights. Drawing on adolescent-
development research, the motion explains that youth are more susceptible to authority,
more focused on escaping immediate stress, less able to assess long-term
consequences, and consequently at heightened risk of involuntary waivers and false
confessions. It also surveys law-enforcement guidance and state statutes recognizing
the dangers of using deception against children. The motion argues that statements
elicited through deception or inducements should be presumed involuntary or,
alternatively, that the court should conduct a hearing requiring the prosecution to prove
voluntariness beyond a reasonable doubt.
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.