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The Trajectory of Federal Gun Crimes

This article argues federal gun crimes reflect a unique dynamic in which legislation is shaped by three forces: (1) aggressive interest group lobbying that leads to compromise on harsh punishment; (2) a dichotomizing of gun users into either “law-abiding citizens” or “thugs” and “gangsters”; and (3) prosecutorial power that is magnified in this area. By: Jacob D. Charles and Brandon Garrett — University of Pennsylvania Law Review (2022)

Equity in Criminal Outcomes

August 22, 2022

Models of Bail Reform

This Article seeks to shed light on key distinctions in bail reform approaches by focusing on six models: (1) the Procedural Due Process Model; (2) the Risk Assessment Model; (3) the Categorical Model; (4) the Community Services Model; (5) the Equal Protection Model; and (6) the Alternatives to Arrest Model. By: Brandon Garrett — Florida Law Review (2022)

Policing Forensic Evidence

This article delves into a central problem in forensics: that the function has been treated as a law enforcement rather than scientific function and as a result has undermined both public safety and fairness. By: Brandon Garrett — American Journal of Law and Equality (2022)

Accuracy of Evidence in Criminal Cases

Spiraling Criminal Debt

This article examines the problem of criminal debt and addresses law and policy reforms and the constitutional question of whether such debt can be imposed on persons who lack ability to pay, and what Equal Protection, Due Process, Excessive Fines Clause, and other requirements must be satisfied to constitutionally impose criminal debts. By: Brandon Garrett — Federal Sentencing Reporter (2022)

Equity in Criminal Outcomes

Unified Criminal Justice Reform

This article questions a two-Americas framing of criminal justice and instead suggests that American attitudes have long been far more complex, but also more unified, than often supposed. Most people in fact care about both criminal control and due process. As a result, a range of reform approaches may bridge social, partisan, and identity-based divides to accomplish lasting change. By: Brandon Garrett — Law and Contemporary Problems (2022)

Equity in Criminal Outcomes

Juror Perceptions of Opposing Expert Forensic Psychologists: Preexisting Attitudes, Confirmation Bias, and Belief Perseverance

This study investigated how potential jurors’ initial opinions about mentally ill individuals might interact with the order in which opposing expert testimony is presented. By: Lauren Hudachek and Adele Quigley-McBride — Psychology, Public Policy, and Law (2022)

Accuracy of Evidence in Criminal Cases, Behavioral Health Needs

Surveying Practicing Firearm Examiners

This study surveyed practicing firearm and toolmark examiners about casework as well as their views about the potential role that statistics might play in future firearm examinations and expert witness testimony. By: Nicholas Scurich, Brandon L. Garrett, and Robert M. Thompson — Forensic Science International: Synergy (2022)

Accuracy of Evidence in Criminal Cases

August 21, 2022

Law Enforcement Assisted Diversion (LEAD): A Multi-Site Evaluation of North Carolina LEAD Programs (Full Report)

Our research team, in consultation with North Carolina Harm Reduction Coalition, conducted an evaluation of four LEAD sites in North Carolina to determine the program’s effectiveness in reducing criminal justice involvement and increasing service utilization among program enrollees. This is the full report (2022).

Behavioral Health Needs

Law Enforcement Assisted Diversion (LEAD): A Multi-Site Evaluation of North Carolina LEAD Programs (Brief Report)

Our research team from Duke University School of Medicine, in consultation with North Carolina Harm Reduction Coalition, conducted an evaluation of four LEAD sites in North Carolina to determine the program’s effectiveness in reducing criminal justice involvement and increasing service utilization among program enrollees. This is the brief report and summary of findings (2022)

Behavioral Health Needs

Monitoring Pretrial Reform In Harris County: Fifth Report Of The Court-Appointed Monitor

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 two and a half years of work evaluating the implementation of the misdemeanor bail reforms in Harris County, Texas. (2022)

Equity in Criminal Outcomes