Expert Reports on Low Rates of Sex Offense Recidivism and the Counterproductive Impact of Sex Offender Registration and Notification (SORN) Requirements on Public Safety, Deterrence, and Recidivism
The ACLU of Michigan included these reports as exhibits in its recent litigation attacking the constitutionality of Michigan’s Sex Offenders Registration Act (SORA). Does v. Whitmer (Does III), No. 22-cv-10209 (E.D. Mich.). The research cited in these reports — specifically on the low risk of recidivism among people convicted of sexual offenses and the counterproductive impact […]
Motion to Exclude Prior Convictions as Impermissibly Prejudicial
Details the dilemma that admitting a prior felony conviction results in: if the defendant testifies and his conviction is introduced, research shows there is a heightened risk that the jury will use the prior conviction to “draw an impermissible inference.” However, if the defendant chooses not to testify in order to prevent his conviction from […]
Brief – Limited Impact of Jury Instructions
p. 51-56 cite research on general inefficacy of jury instructions
Amicus Brief – Pre-trial Publicity
Studies demonstrate that pre-trial publicity impacts decision-making and individual questioning about content exposure is necessary in cases involving substantial, prejudicial pre-trial publicity
Brief – Impact of Prosecutor’s Racially Charged Language
p. 30 – 37 discuss studies of implicit bias and the ways that racial cues – like a prosecutor characterizing a Black man as ‘angry’ – can “automatically affect a broad range of decisions and behaviors” within juries.
Motion for Attorney Conducted Voir Dire on Issue of Racial Bias
Incorporates studies on implicit bias generally, as well as specifically within jury panels
Request for Jury to Watch Video About Implicit Bias
Advocates that showing prospective jurors a video about implicit bias will help ensure a fair and impartial jury.
Motion for attorney conducted voir dire
p. 17 – 25 explain why attorney-conducted voir dire leads to increased self-disclosure and better assessment of juror bias.
Amicus Brief – Hair Microscopy Comparison Evidence is Unreliable
Filed by the Innocence Project, this brief details research demonstrating that hair microscopy evidence does not meet the standards of reliable scientific evidence, as well as research showing how persuasive forensic testimony is to juries.
Amicus Brief – Courts should exclude “criminal profiling” and non-scientific “crime scene analysis” evidence
Summarizes research on accuracy of “criminal profiling” evidence over forty years, concluding profilers are no “better than bartenders at predicting the traits and features of offenders.” Also provides an overview of cases nationwide excluding criminal profiling evidence and finding that its major premise is faulty and essentially propensity evidence.
