Publications

This study examines a new paradigm for jury instructions regarding eyewitness testimony, in which the judge provides concise reasons why jurors should discount an eyewitness’s courtroom confidence and instead focus on the eyewitness’s confidence at the time of a police lineup. By: Brandon L. Garrett, William E. Crozier, Karima Modjadidi, Alice J. Liu, Karen Kafadar, Joanne Yaffe, and Chad S. Dodson — Journal of Applied Research in Memory and Cognition (2023)

A Wilson Center Policy Brief (May 2023)

To better understand lawmaking in response to calls for reform, the Wilson Center for Science and Justice began tracking the introduction of policing-related legislation. This report covers our database tracking policing legislation and our initial findings. (2023)

Across the United States, courts impose fines as a punishment for minor traffic infractions, municipal code violations, misdemeanors, and felonies. State and local governments then tax people with fees, surcharges, and other costs used to fund the justice system and other government services. This study by the Wilson Center and the Fines and Fees Justice Center is the first to present a comprehensive, national overview of how court-imposed fines and fees are affecting people across the country. (2023)

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 as worse than false convictions. By: Brandon L. Garrett and Gregory Mitchell — Michigan Law Review (2023)

This study used mixed-methods data collection and both quantitative and qualitative analyses to evaluate policy, program and practice implications in NC LEAD programs. By Allison R. Gilbert, Reah Siegel, Michele M. Easter, Meret S. Hofer, Josie Caves Sivaraman, Deniz Ariturk, Jeffrey W. Swanson, Marvin S. Swartz, Ruth Wygle & Grace Feng — Law and Contemporary Problems (2023)

This study involved qualitative interviews with all the assistant district attorneys (ADAs, N = 19) in a mid-sized office with a newly elected progressive DA. Interviews discussed how ADAs implemented office policies and progressive goals in plea bargaining. Prosecutors described working to implement five main progressive goals in their plea decisions: (a) dismissing low-level drug possession charges; (b) avoiding over-penalization, particularly for “victimless” crimes; (c) declining to prosecute weak cases; (d) encouraging open communication with defense; and (e) promoting racial equity. Prosecutors’ descriptions of how these goals guided case decisions illuminate how progressive prosecution may affect the criminal justice system through plea bargaining. By: Catherine A. Grodensky William E. Crozier Elizabeth J. Gifford Brandon L. Garrett — Criminal Justice and Behavior (2023)

This editorial essay opens the special issue of Law and Contemporary Problems guest edited by Jeffrey Swanson, Marvin Swartz and Brandon Garrett (2023).

This report, conducted in collaboaration with the Sanford School of Public Policy analyzes the Durham Police Department’s recent performance in investigating shootings, both fatal and nonfatal. (2023)

Wilson Center Faculty Director Brandon Garrett serves as independent monitor for the landmark federal bail reform settlement in Harris County, TX. This first report by the monitor team describes the first three years of work evaluating the implementation of the misdemeanor bail reforms in Harris County, Texas. (2023)