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In the first part of this series, I attempted to assuage our fears of what is lost by conducting jury selection virtually by identifying what we have gained from this new medium. In the second and final part of this series, I address the concern with jurors’ ability to evaluate the credibility of witnesses who testify […]

As pandemic restrictions start to ease up across the country, it is a good time to evaluate the way courts handled trials during the pandemic and what we can learn from that going forward.  While many trials were postponed, a small number of venues (particularly at the state and local levels) took the bold step […]

Expert testimony at trial presents unique challenges to both the expert and the examining attorney. The expert is tasked with teaching complex material to a group of “students” with widely varying levels of education, comprehension, pertinent experience and yes, interest. The students give no feedback, the consequences of a teaching mistake can be significant, and […]

Recently, we have heard stories in the media being described as instances of “restorative justice.” But sometimes an alleged example of restorative justice will not encompass all the core principles of restorative justice, or will conflict with the principles of our criminal justice system. Some recent examples may help illustrate what restorative justice is — […]