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'Confirmation Bias in Criminal Cases' takes a multi-disciplinary approach to assessing confirmation bias among criminal justice practitioners, combining criminal law, psychology, criminology, medicine, and anthropology. The book analyses case studies from international jurisdictions and utilizes a research-based approach to confirmation bias.

The burdens and challenges of discovery—especially electronic discovery—are usually associated with civil, not criminal cases. This is beginning to change. Already common in white-collar crime cases, voluminous digital discovery is increasingly a feature of ordinary criminal prosecutions. This Article examines the explosive growth of digital evidence in criminal cases and the efforts to manage its challenges. It then advances three claims about criminal case discovery in the digital age. First, the volume, complexity, and cost of digital discovery will incentivize the prosecution and the defense to cooperate more closely in cases with significant amounts of electronically stored information (ESI). Second, cooperation between the parties will not be sufficient to address the serious challenges that digital discovery presents to the fair and accurate resolution of criminal cases. And third, for that reason, digital discovery in criminal cases needs to be regulated more closely. In crafting such regulation, courts and legislators can build on the civil procedure model, which has grappled with the challenges of electronic discovery for over two decades. The civil procedure experience suggests that cooperation between the parties, active judicial involvement, and more detailed rules are essential to the effective management of digital discovery. The civil litigation model has its limitations, however, and policymakers must chart new ground to address some of the unique demands of criminal cases. Recognizing the significant resource and bargaining disparities in criminal cases, judges need to limit certain negotiated waivers of discovery so as to prevent abuse. Where the interests of justice demand it, courts may also need to help defendants obtain access to digital discovery in detention or gather digital evidence from third parties. These and other measures can help ensure that the cost and complexity of digital discovery do not undermine the fairness and accuracy of criminal proceedings.

In criminal prosecutions, both state and federal, closely negotiated agreements for immunity and lenient plea bargaining in return for co- operation have acquired considerable importance. These agreements are an ancient practice now wearing sophisticated modern dress. They may arise in complex white-collar crime cases, organized crime cases, narcotics prosecutions, and, from time to time, in other prominent major felony cases. They constitute a phenomenon that differs in important ways from the run-of-the-mill guilty pleas that characterize our metropolitan courts and recently have preoccupied students of the criminal system. Unlike the ordinary guilty plea, the suspect or defendant in co- operation agreements offers more than just a quick result that saves public resources; in this kind of case that limited consideration often would not be attractive enough to induce leniency since the government may be quite willing to spend time and money in prosecuting. In cooperation agreements the defendant trades information and testimony, with the promise of enabling the State' to make a case against other defendants who, for one reason or another, are regarded as most deserving of the severest form of prosecution.' Again, unlike the great run of guilty pleas, the deal made in more complex criminal cases cannot be sealed with a chat in the hall just before entering the courtroom. Compacts for cooperation may involve contested issues that must be negotiated, sometimes for months, and that eventually are embodied in letter agreements that range from the fairly straightforward to the extremely complicated. Most important, in these cases the State cannot speedily conclude the deal with a plea and a sentence and still protect its interests. The cooperator makes a set of promises and assumes potentially onerous and protracted obligations. These will at least include interviews and debriefings and may involve undercover action or observation and reporting back. The cooperator's obligations will probably continue into more ...

The political campaign against Yang Xianzhen, which began in the summer of 1964, represented a major turning point in the history of the Cultural Revolution. This issue of the journal consists of his "Philosophic 'criminal case'" (articles written from 1953 to 1964, extracts of the appeals written by Yang Xianzhen between the summer of 1967 to May 1975 while he was imprisoned and three undelivered letters written by him to Mao Zedong), introduction to "Philosophic 'criminal case'" by Carol Lee Homrin, and Yang Xianzhen's opinions and comments on certain questions relating to the philosophical controversy in the People's Republic of China and the Chinese Communist Party. (DÜI-Sen)

Experts have stated that the conviction of the innocent is more often caused by erroneous identification than by any other single factor. The author probes the subject in depth, pointing out the danger of this type of evidence and analyzing police practices which contribute to the danger. He shows how those procedures could be improved and explains the relationship between certain rules of evidence and the identification problem. He suggests rules of criminal procedure and evidence which would go a long way toward alleviating the problem. Over 150 American cases as well as cases from such fore