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Criminal Adjudication, Error Correction, and Hindsight Blind Spots

determined by presentation order of evidence, affects verdict decisions in a dramatic way”). 17. See Lisa Kern Griffin, Narrative, Truth, and Trial, 101 GEO. L. J. 281, 295 (2013) (explaining that “jurors ... , 51 OKLA. L. REV. 501, 516 (1998) (“[A] judge cannot possibly know or review what in the minds of the jurors led to the verdict.”). See, e.g., Lisa Kern Griffin, The Content of Confrontation, 7 DUKE J

Silence, Confessions, and the New Accuracy Imperative

DUKE LAW JOURNAL SILENCE, CONFESSIONS, AND THE NEW ACCURACY IMPERATIVE LISA KERN GRIFFIN 0 1 0 Professor of Law, Duke University School of Law. I gratefully acknowledge the contributions of the ... Ralf Michaels 1 Copyright © 2016 Lisa Kern Griffin Silence is both overpriced and underrated. This Article assesses the status of silence in light of renewed attention to reliability in criminal

The Content of Confrontation

DUKE JOURNAL OF CONSTITUTIONAL LAW & PUBLIC POLICY SPECIAL ISSUE THE CONTENT OF CONFRONTATION LISA KERN GRIFFIN This piece comments on the state of the Supreme Court's Confrontation Clause ... ( 2011 ) (Scalia , J., dissenting). 102. See , e.g., Lisa Kern Griffin, Circling Around the Confrontation Clause: Redefined Reach But Not a Robust Right , 105 MICH. L. REV., FIRST IMPRESSIONS 16 , 19 , 21

On the Mental State of Consciousness of Wrongdoing

ON THE MENTAL STATE OF CONSCIOUSNESS OF WRONGDOING SAMUEL W. BUELL 0 LISA KERN GRIFFIN 0 0 Copyright © 2012 by Samuel W. Buell and Lisa Kern Griffin. This article is also available at I - 134 ... limiting criminalization claim to lies that are egregious and seriously harmful); see also Lisa Kern Griffin, Criminal Lying, Prosecutorial Power, and Social Meaning, 97 CAL. L. REV. 1515 (2009) (suggesting

Circling around the Confrontation Clause: Redefined Reach But Not a Robust Right

The Supreme Court’s consolidated ruling in United States v. Davis and United States v. Hammon is a classic of the genre of consensus opinions to which the Roberts Court aspired in its first, transitional term. The opinion, authored by Justice Scalia, contains practical accommodations unusual in a decision by the Court’s fiercest proponent of first principles. The restraint that...

“The Image We See Is Our Own”: Defending the Jury’s Territory at the Heart of the Democratic Process

The jury system lies at the heart of our democratic criminal justice system, but it has lost much of its moral authority in the popular legal culture. In this essay, I will consider two recent books on the jury that discuss why practitioners and the public both celebrate and condemn it. I will also examine how the jury functions as a policymaking body within the criminal justice...