By: Andres Paciuc Download Full Article (PDF) Cite: 19 Duke L. & Tech. Rev. 198
Tag: Criminal Procedure
Professor Brandon Garrett on Exposing the Flaws in Forensics
By Brendan Clemente This past March, Duke Law’s Professor Brandon Garrett released his newest book, Autopsy of a Crime Lab: Exposing the Flaws in Forensics. Professor Garrett founded the Wilson Center for Science and Justice and studies the use of forensic evidence in criminal cases. Brendan Clemente, Duke Law & Technology Review’s (DLTR) Managing Editor, sat down with Professor Garrett to discuss the book. Thank you for joining DLTR to discuss your new book, Autopsy of a Crime Lab: Exposing the Flaws in Forensics. What made you want to delve into this topic in this book? My introduction to forensics came after law school. I took evidence in law school, for which I am glad now that I am now teaching it. We did not cover expert evidence. I did not take law and science classes, and I went to law school having turned away from math and science, like most of us lawyers do. When I was in practice, I worked at a civil rights firm where there were two types of cases one could gravitate toward: police brutality cases and wrongful conviction cases. I told the partners I wanted to work on the police brutality cases. The wrongful
Riley v. California and the Stickiness Principle
By: Steven I. Friedland In Fourth Amendment decisions, different concepts, facts and assumptions about reality are often tethered together by vocabulary and fact, creating a ‘Stickiness Principle.’ In particular, form and function historically were considered indistinguishable, not as separate factors. For example, “containers” carried things, “watches” told time, and “phones” were used to make voice calls. Advancing technology, though, began to fracture this identity and the broader Stickiness Principle. In June 2014, Riley v. California and its companion case, United States v. Wurie, offered the Supreme Court an opportunity to begin untethering form and function and dismantling the Stickiness Principle. Riley presented the question of whether cell phone searches incident to a lawful arrest were constitutional. The Court, which had clung to pre-digital concepts such as physical trespass well into the twenty-first century, appeared ready to explore how technology is reshaping historically understood conceptions of privacy. From a broader perspective, the case offers an initial step in reconciling pre-digital rules based on outdated spatial conceptions of physical things with the changing realities of a technology driven world. Download Full Article (PDF) Cite: 14 Duke L. & Tech. Rev. 121