Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background by Casey Bastian by Casey J. Bastian Legal scholars and practitioners have begun raising concerns that there is a lack of judicial diversity on court benches in America and abroad. While there have been serious efforts to increase …

Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror by David Reutter by David M. Reutter The Supreme Court of Kentucky concluded a trial court abused its discretion by failing to find a juror had evinced “a reasonable …

New York Court of Appeals: Constitutional Prohibition Against Restraining Defendant Without Explanation Remains in Force During Announcement of Verdict and Polling of Jurors by Douglas Ankney by Douglas Ankney The New York Court of Appeals held that until the jury returns to the courtroom and publicly announces and confirms the …

The Discovery and Use of Implicit Biases by Bill Trine-2022 The Discovery and Use of Implicit Biases Bill Trine, Boulder, CO W e have all been asked to explore our implicit biases and to also recognize our explicit biases and consider how such biases affect our representation of clients before …

Is the Death Penalty Slowly Dying Across the Nation? by Chad Marks by Chad Marks In 1972, the Supreme Court of the United States (“SCOTUS”) in Furman v. Georgia eliminated the death penalty. The Court, in striking down state-sanctioned killing, identified problems such as racism, arbitrary application, and the fact …