Focus Area: Fairness in Criminal Outcomes

Error Aversions and Due Process

This study examines national surveys sampling more than 12,000 people, finding that a majority of Americans consider false acquittals and false convictions to be errors of equal magnitude. Most people are unwilling to err on the side of letting the guilty go free to avoid convicting the innocent. Indeed, a sizeable minority view false acquittals […]

Plea Tracking in the Durham County District Attorney’s Office

The Wilson Center and the Durham County District Attorney’s Office conducted a collaborative, data-driven effort to better understand the plea negotiation process. This report describes data on 325 felony cases that were entered into the tracker over 249 business days, from April 12, 2021, to April 12, 2022. This report was prepared by Dr. Kevin Dahaghi, […]

Viral Injustice

This article takes a comprehensive look at the decisional law growing out of COVID-19 detainee litigation and situates the judicial response as part of a comprehensive institutional failure. Brandon L. Garrett & Lee Kovarsky, Viral Injustice, 110 Calif. L. Rev. 117 (2022). Read the article

Court Date Reminders Reduce Court Nonappearance: A Meta-Analysis

This study conducted a systematic review and meta-analysis of studies that examined whether providing people with a postcard, phone call, or text message reminder of their court date reduces their likelihood of failing to appear in court. By: Samantha A. Zottola, William E. Crozier, Deniz Ariturk, and Sarah L. Desmarais — Criminology and Public Policy (2022). Read […]

Thompson v. Spitzer

This amicus brief challenged Orange County’s (CA) District Attorney’s (OCDA) DNA database collection program, in which defendants’ charges are routinely dismissed or negotiated in exchange for their DNA – colloquially known as their “spit and acquit” program. Yvette Garcia Missri, Brandon Garrett, and Berkeley Law’s Andrea Roth argue OCDA’s program is a black box with […]

Plea Tracking in the Berkshire County District Attorney’s Office: Part One

The Wilson Center began a collaboration with the Berkshire County District Attorney’s Office in 2020 to study the plea-bargaining process and plea outcomes in Berkshire, Massachusetts.  This report reflects one year of data collection, from April 1, 2021, through April 30, 2022. Written by Adele Quigley-McBride, Brandon L. Garrett, and L. Neil Williams Professor of […]