Publications

This fact sheet describes how compensation for exonerees has evolved in the past several decades, including through successful litigation efforts and through the enactment of compensation legislation in thirty-nine states, Washington D.C., and by the federal government. It includes a table describing each of the state and federal statutes.

By Brandon L. Garrett, Richard E. Gutierrez, and Nicholas Scurich.

Firearms examiners, who seek to link fired ammunition to a particular gun, have testified in criminal trials for over a century. Research suggests that such evidence is highly persuasive to jurors. However, no studies have examined the effect of divergent conclusions offered by defense firearms examiners, nor have any explored the impact of testimony by research scientists—sometimes called “methods experts”—regarding the scientific foundation and limitations of the firearm examination discipline. The effect these types of testimony might have on jurors is, therefore, unknown. This article in Jurimetrics reports the results of a novel empirical study testing the effects of such defense experts. While most participants found the unrebutted testimony of a firearms examiner sufficient to convict the defendant, guilty verdicts were significantly reduced when the defense called an expert. Further, defense experts reduced the perceived likelihood that the defendant discharged the firearm, the strength of the prosecution’s case, the case-specific reliability of the firearm examination, and the general reliability of the firearm examination. However, critical differences existed between our various conditions involving defense expert testimony.

By Michele M. Easter, Nicole L. Schramm-Sapyta, Marvin S. Swartz, Maria A. Tackett, and Lawrence H. Greenblatt.

More than 7 million people are released each year from U.S. jails or prisons, many with chronic diseases that would benefit from primary care in their returning communities. This study analyzed primary care need and utilization by all individuals ever detained in one county detention facility over a 7-year period. The authors found that having more jail bookings was associated with fewer primary care visits, though not one-time access. This finding was driven by subgroups with chronic disease, who most need regular primary care. Even after accounting for other variables, being Black was also linked to fewer primary care visits. Therefore, the authors argue that it is not enough to focus on initial access to healthcare, but also to promote continued engagement with primary care. For example, medicaid expansion should be coupled with specialized, tailored support to promote engagement in primary care.

For too many people experiencing acute mental illness, cries for help bring police and handcuffs rather than compassionate medical intervention. But this doesn’t have to be the case. This report examines the laws across the U.S. related to law enforcement custody and transportation under involuntary civil commitment, when alternative transport is permitted, and opportunities to reduce the role of law enforcement in these situations when possible.

This amicus brief challenged unreliable firearm tool mark comparison expert testimony. We joined with numerous amici in arguing that traditional forensic firearms and toolmark comparisons raise reliability concerns regarding methods and applications of the methods, showing that the scientific community has carefully detailed the lack of reliability of firearms and toolmark comparisons.

Since 1989, 75 people have been exonerated in North Carolina. Collectively, these exonerees lost 963 years to incarceration for crimes they did not commit. Despite a wave of reforms in the state in the early 2000s designed to prevent wrongful convictions, 11 people have been convicted and later exonerated since those reforms. This report documents the reforms instituted in the early 2000s, examines the 11 known wrongful convictions since that time, and makes recommendations for further reform to prevent wrongful convictions and improve the paths to exoneration for those who have been wrongfully convicted.

Most jurisdictions in the United States now record interrogations, including all federal law enforcement agencies, thirty states, and the District of Columbia. This memo provides updated information as of August 2024 about the state-level adoption of electronic recording requirements, through statutes, court rulings and rules, and police policies.

This amicus brief was filed in collaboration with the Innocence Project and Greenberg Traurig, LLP. Mr. Bolin has served 28 years on death row, and his conviction was based on several questionable evidentiary methods. We argue that the eyewitness testimony in his case was highly suggestive and unreliable.

Brandon L. Garrett, Alicia Carriquiry, Karen Kafadar, Robin Mejia, Cynthia Rudin, Nicholas Scurich, and Hal Stern wrote this memo in response to NIJ’s request for public input regarding the response to Executive Order 14110, regarding the use of artificial intelligence (AI) in the criminal justice system. They wrote that in high-risk settings like the criminal justice system, AI models and underlying data must be adequately, transparently, and independently tested and that it must be interpretable. They wrote that far more can and should be done to apply and robustly protect the existing Bill of Rights in the U.S. Constitution as it should apply to uses by government of AI in the criminal system, particularly when AI is used to provide evidence in investigations and trials.

The number of incarcerated seniors has tripled in the last 20 years, and that number is only expected to grow. By 2030, U.S. prisons will incarcerate 400,000 seniors – 1/3 of the total prison population. Estimates vary but more than half of incarcerated seniors may develop dementia by that point. This policy brief by Megan Moore and Angie Weis Gammell makes recommendations on best practices for care and screening of incarcerated people with dementia as well as for their medical release.