Directory

Bibliography

Forthcoming

Bad Facts: The Supreme Court’s Embrace of History and the Erosion of Fact-Finding (Harvard University Press, forthcoming) (with Joseph Blocher)
Historians as Experts in Constitutional Law, 79 Stanford law Review (forthcoming) (with Joseph Blocher)
Standards of Fact Review in Constitutional Litigation, 127 Columbia Law Review (forthcoming) (with Joseph Blocher)
The Oxford Handbook of AI and Criminal Justice (Oxford University Press, forthcoming) (editor)
Historical Facts and Constitutional Law: New Challenges for Originalist Doctrine, 75 Duke Law Journal (forthcoming) (with others)
Applying a Cost-Benefit Analysis to Geofence Searches, 65 Jurimetrics (forthcoming) (with others)
Compensating Exonerees in the United States, in Causes and Remedies of Wrongful Conviction: a Comparative Analysis (Giulia Lasagni & Luca Luparia eds., forthcoming) (with Luke Mears)

Works in Progress

Aversions to Criminal Justice Errors and Their Consequences (February 28, 2026) (with others)
In-House Testing (July 1, 2025) (with Gregory Mitchell)
Unboxing Plea Bargaining: The Durham, North Carolina Plea Tracking Project, July 1, 2025) (with others)
Judging Fingerprint Evidence (December 30, 2024)
Testing AI (September 6, 2024) (with Cynthia Rudin)

Books

Defending Due Process: Why Fairness Matters in a Polarized World (Polity, 2025)
Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation (Foundation Press, 1st ed. 2013, 2nd ed. 2023) (with Lee Kovarsky)
Autopsy of a Crime Lab: Exposing the Flaws in Forensics (University of California Press, 2021)
The Death Penalty (Foundation Press, 2018) (Concepts and Insights Series) (with Lee B. Kovarsky)
End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice (Harvard University Press, 2017)
Too Big to Jail: How Prosecutors Target Corporations (The Belknap Press of Harvard University Press, 2014) (Translation in Chinese (Business Weekly Publications, Taiwan, 2016); Translation in Spanish (Marcial Pons, Madrid, Spain, forthcoming 2017))
Convicting the Innocent: Where Criminal Prosecutions Go Wrong (Harvard University Press, 2011) (Translation in Japanese (Nippon Hyoronsha, Japan 2014); Translation in Chinese (New Sharing Publishing Co., Taiwan, 2014); Translation in Chinese (China University of Political Science and Law Press, 2015); Translation in Korean (Redian Publishing Co., forthcoming 2018))

Articles & Essays

AI and Criminal Justice in the United States, in AI Evidence and Criminal Proceedings (Katalin Ligeti ed., 2026)
Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine, 104 Texas Law Review 679-734 (2026) (with Joseph Blocher)
Confession Contamination and DNA Exonerations, 1989-2025 (Wilson Center for Science and Justice at Duke Law, 2026)
The Brady Materiality Standard, 78 Stanford Law Review 303-364 (2026) (with Adam M. Gershowitz)
Artificial Intelligence and Procedural Due Process, 7 Journal of Constitutional Law 933-976 (2025)
Driver's License Suspensions in North Carolina (Wilson Center for Science and Justice at Duke Law, 2025) (with Rita L. Grunberg)
Ineffectiveness of the “Consistent with” Judicial Limitation on Forensic Firearm Identification Testimony, 49 Law and Human Behavior 387-397 (2025) (with others)
Introduction: Special Issue on Justice, Legitimacy, and Technology, 49 Law and Human Behavior 183-185 (2025) (with others)
New Insights on Expert Opinion About Eyewitness Memory Research, 20 Perspectives on Psychological Science 903-924 (2025) (with others)
Persistence of the Verbal Overshadowing and Weapon-Focus Effects on Lineup Identification Performance, 14 Journal of Applied Research in Memory and Cognition 416-427 (2025) (with others)
Plea Tracking in the Durham County District Attorney’s Office: Second Report on Superior Court Cases Pled from April 2021 to November 2023 (Wilson Center for Science and Justice at Duke Law, 2025) (with others)
Reference Guide on Eyewitness Identification, in Reference Manual on Scientific Evidence 361-461 (2025) (with Thomas D. Albright)
Compensating Exonerees in the United States (Wilson Center for Science and Justice at Duke Law, 2024) (with Luke Mears)
Evaluating Pre-trial Programs Using Interpretable Machine Learning Matching Algorithms for Causal Inference, 38 Proceedings of the AAAI Conference on Artificial Intelligence 22331-22340 (2024) (with others)
Judging Firearms Evidence, 97 Southern California Law Review 101-164 (2024) (with others)
Jurisdictions that Record Police Interrogations (Wilson Center for Science and Justice at Duke Law, 2024)
Liberty, Safety, and Misdemeanor Bail, 76 Florida Law Review 321-404 (2024) (with others)
Originalism and Historical Fact-Finding, 112 Georgetown Law Journal 699-748 (2024) (with Joseph Blocher)
Psychological Science from Research to Policy: Eyewitness Identifications in Pennsylvania Police Agencies, 30 Psychology, Public Policy, and Law 462-478 (2024) (with others)
Retooling Forensics: A Toolkit for Local Organizers to Reform Forensic Evidence (Wilson Center for Science and Justice at Duke Law, 2024) (with others)
The Brady Database, 114 Journal of Criminal Law and Criminology 1-66 (2024) (with others)
The Impact of Defense Experts on Juror Perceptions of Firearms Examination Testimony, 64 Jurimetrics 223-248 (2024) (with others)
The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice, 109 Cornell Law Review 561-627 (2024) (with Cynthia Rudin)
Judging Firearms Evidence and the Rule 702 Amendments, 107 Judicature 41-49 (2023) (with others)
Fact Stripping, 73 Duke Law Journal 1-65 (2023) (with Joseph Blocher)
Impact of Trauma Education and Growth Mindset Messaging on Public Attitudes About the Criminal Legal System, 19 Journal of Experimental Criminology 635-661 (2023) (with others)
The Laws That Regulate Police: The Wilson Center's Policing Legislation Database (Wilson Center for Science and Justice at Duke Law, 2023)
Error Aversions and Due Process, 121 Michigan Law Review 707-751 (2023) (with Gregory Mitchell)
Face Value? How Jurors Evaluate Eyewitness Face Recognition Ability, 12 Journal of Applied Research in Memory and Cognition 255-269 (2023) (with others)
FCPA: Enforcement, in Elgar Concise Encyclopedia of Corruption Law 217-219 (Mark Pieth & Tina Søreide eds., 2023)
Interpretable Algorithmic Forensics, 120 Proceedings of the National Academy of Sciences, article e2301842120, 1-9 (2023) (with Cynthia Rudin)
Law, Psychology, and Wrongful Convictions, in The Oxford Handbook of Psychology and Law 766-782 (David DeMatteo & Kyle C. Scherr eds., 2023) (with William Crozier)
Open Prosecution, 75 Stanford Law Review 1365-1430 (2023) (with others)
Plea Tracking in the Durham County District Attorney’s Office (Wilson Center for Science and Justice at Duke Law, 2023) (with others)
Policing and Behavioral Health Conditions, 86 Law and Contemporary Problems i-viii (2023) (with others)
Sensitizing Jurors to Eyewitness Confidence Using “Reason-Based” Judicial Instructions, 12 Journal of Applied Research in Memory and Cognition 141-157 (2023) (with others)
Understanding Plea Bargaining in a New Progressive DA’s Office: How Line Prosecutors Understand and Implement Progressive Goals Through Plea Decisions, 50 Criminal Justice and Behavior 429-453 (2023) (with others)
Videotaping Interrogations in Pennsylvania: A Wilson Center for Science and Justice and Quattrone Center for the Fair Administration of Justice Report (Wilson Center for Science and Justice and Quattrone Center for the Fair Administration of Justice, 2022) (with others)
Forensic Science in Legal Education, 51 Journal of Law and Education 1-12 (2022) (with others)
A Practical Tool for Information Management in Forensic Decisions: Using Linear Sequential Unmasking-Expanded (LSU-E) in Casework, 4 Forensic Science International: Synergy, article 100216, 1-6 (2022) (with others)
AEDPA Repeal, 107 Cornell Law Review 1739-1797 (2022) (with Kaitlin Phillips)
Eyewitness Confidence May Not Be Ready for the Courts: A Reply to Wixted et al., 30 Memory 75-76 (2022) (with others)
Jail Health and Early Release Practices, 31 William & Mary Bill of Rights Journal 425-459 (2022) (with others)
Models of Bail Reform, 74 Florida Law Review 879-931 (2022)
Policing Forensic Evidence, 2 American Journal of Law and Equality 107-121 (2022)
Spiraling Criminal Debt, 34 Federal Sentencing Reporter 92-97 (2022)
Surveying Practicing Firearm Examiners, 4 Forensic Science International: Synergy, article 100228, 1-8 (2022) (with others)
The Law and Science of Eyewitness Evidence, 102 Boston University Law Review 511-629 (2022) (with Thomas D. Albright)
The Trajectory of Federal Gun Crimes, 170 University of Pennsylvania Law Review 637-715 (2022) (with Jacob D. Charles)
Understanding the Impact of Driver’s License Suspension: Lay Opinion in Impacted and Non-Impacted Populations, 5 Justice Evaluation Journal 186-207 (2022) (with others)
Unified Criminal Justice Reform, 85 Law and Contemporary Problems 123-139 (2022)
Viral Injustice, 110 California Law Review 117-178 (2022) (with Lee Kovarsky)
Monitoring Pretrial Reform in Harris County: Second Report of the Court-Appointed Monitor (Wilson Center for Science and Justice. Duke University School of Law, 2021) (with others)
How Biden Should Prosecute Corporate Crime - (2021) (reviewing Jed S. Rakoff, Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System (2021) and Jennifer Taub, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime (2020))
Battling to a Draw: Defense Expert Rebuttal Can Neutralize Prosecution Fingerprint Evidence, 35 Applied Cognitive Psychology 976-987 (2021) (with Gregory Mitchell)
Bringing New Statistical Approaches to Eyewitness, in Handbook of Forensic Statistics 499-539 (David L. Banks et al. eds., 2021) (with others)
Can We Get Over IDs?, 10 Journal of Applied Research in Memory and Cognition 212-214 (2021) (with Chad S. Dodson)
Closing International Law's Innocence Gap, 95 Southern California Law Review 311-364 (2021) (with others)
Convicting the Innocent, Worldwide, in L'errore Giudiziario (Luca Lupária Donati, ed., 2021)
Convicting With Confidence? Why We Should Not Over-Rely on Eyewitness Confidence, 30 Memory 10-15 (2021) (with others)
Corporate Crimmigration, 2021 University of Illinois Law Review 359-398 (2021)
Error, Forensic Evidence, and the Death Penalty, 42 Amicus Journal 11-14 (2021)
Eyewitness Identification Speed: Slow Identifications From Highly Confident Eyewitnesses Hurt Perceptions of Their Testimony, 10 Journal of Applied Research in Memory and Cognition 259-267 (2021) (with others)
Judges and Forensic Science Education: A National Survey, 321 Forensic Science International, article 110714, 1-7 (2021) (with others)
Life Without Parole Sentencing in North Carolina, 99 North Carolina Law Review 279-332 (2021) (with others)
Monitoring the Misdemeanor Bail Reform Consent Decree in Harris County, Texas, 105 Judicature 41-47 (2021) (with Sandra Guerra Thompson)
North Carolina Specialty Courts, Treatment Access, and the Substance Use Crisis: A Promising but Underfunded Model, 72 Psychiatric Services 1471-1474 (2021) (with others)
Panel Discussions - Autopsy of a Crime Lab: Exposing the Flaws in Forensics, 2 Wrongful Conviction Law Review 121-154 (2021) (with others)
Prosecutors Post-Conviction, in The Oxford Handbook of Prosecutors and Prosecution 171-182 (Ronald F. Wright, Kay L. Levine, and Russell M. Gold eds., 2021)
Test a Witness’s Memory of a Suspect Only Once, 22 Psychological Science in the Public Interest 1s-18s (2021) (with others)
Unpacking the Source of Error in Forensic Evidence, 45 Champion 20-30 (2021)
Monitoring Pretrial Reform in Harris County: First Sixth Month Report of the Court-Appointed Monitor (Center for Science and Justice. Duke University School of Law, 2020) (with Sandra Guerra Thompson)
Advancing Social and Racial Justice Through Bail Reform, 58 The Houston Lawyer 14-16 (2020) (with Sandra Guerra Thompson)
Board Compliance, 104 Minnesota Law Review 1191-1273 (2020) (with others)
Changing the Law to Change Policing: First Steps (Center for Science and Justice at Duke University School of Law, et al., 2020) (with others)
Declining Corporate Prosecutions, 57 American Criminal Law Review 109-155 (2020)
Driven to Failure: An Empirical Analysis of Driver's License Suspension in North Carolina, 69 Duke Law Journal 1585-1641 (2020) (with William E. Crozier)
Error Rates, Likelihood Ratios, and Jury Evaluation of Forensic Evidence, 65 Journal of Forensic Sciences 1199-1209 (2020) (with others)
Factoring the Role of Eyewitness Evidence in the Courtroom, 17 Journal of Empirical Legal Studies 556-579 (2020) (with others)
Foreword: Fees, Fines, Bail, and the Destitution Pipeline, 69 Duke Law Journal 1463-1472 (2020) (with others)
Genetic Evidence, MAOA, and State v. Yepez, 50 New Mexico Law Review 469-487 (2020) (with others)
Judging Eyewitness Evidence, 104 Judicature 31-36 (2020)
Judging Risk, 108 California Law Review 439-493 (2020) (with John Monahan)
Juror Appraisals of Forensic Evidence: Effects of Blind Proficiency and Cross-Examination, 315 Forensic Science International, article 110433, 1-11 (2020) (with others)
Justice in Forensic Algorithms, 2 Harvard Data Science Review (2020)
Juvenile Life Without Parole in North Carolina, 110 Journal of Criminal Law and Criminology 141-179 (2020) (with others)
Misplaced Constitutional Rights, 100 Boston University Law Review 2085-2131 (2020)
Mock Jurors’ Evaluation of Firearm Examiner Testimony, 44 Law and Human Behavior 412-423 (2020) (with others)
Open Risk Assessment, 38 Behavioral Sciences & the Law 279-286 (2020) (with Megan T. Stevenson)
Policing the Schoolhouse, 100 Boston University Law Review Online 79-83 (2020)
Risk Assessment in Sentencing and Plea Bargaining: The Roles of Prosecutors and Defense Attorneys, 38 Behavioral Sciences & the Law 1-11 (2020) (with others)
Testing Compliance, 83 Law and Contemporary Problems 47-84 (2020) (with Gregory Mitchell)
The Costs and Benefits of Forensics, 57 Houston Law Review 593-616 (2020)
The Explosion of Unpaid Criminal Fines and Fees in North Carolina (Duke Law Center for Science and Justice, 2020) (with others)
The Law on Police Use of Force in the United States, 21 German Law Journal 1526-1540 (2020) (with Christopher Slobogin)
The Path of FCPA Settlements, in Negotiated Settlements in Bribery Cases: A Principled Approach 25-41 (Tina Søreide & Abiola Makinwa eds., 2020)
The Transparency of Jail Data, 55 Wake Forest Law Review 821-855 (2020) (with others)
Two Decades of Corporate Criminal Enforcement, 83 Law and Contemporary Problems i-v (2020) (with Samuel W. Buell)
Undeliverable: Suspended Driver's Licenses and the Problem of Notice, 4 UCLA Criminal Justice Law Review 185-198 (2020) (with others)
Valid or Voodoo? A Qualitative Study of Attorney Perceptions of Risk Assessment in Sentencing and Plea Bargaining, 48 Journal of Community Psychology 2053-2068 (2020) (with others)
Virtual Criminal Courts, 2020 The University of Chicago Law Review Online 57-69 (2020) (with others)
Wrongful Convictions, 3 Annual Review of Criminology 245-259 (2020)
Do Heads Roll?: An Empirical Analysis of CEO Turnover and Pay When the Corporation is Federally Prosecuted, 4 Journal of Law, Finance, and Accounting 137-181 (2019) (with others)
Federal Criminal Risk Assessment, 41 Cardozo Law Review 121-149 (2019)
Forensics, Statistics, and Law: Ten Years After “A Path Forward”, 69 Duke Law Journal Online 22-26 (2019)
Innocence and the Global Death Penalty, in Comparative Capital Punishment 201-215 (Carol Steiker and Jordan Steiker eds., 2019)
International Corporate Prosecutions, in The Oxford Handbook of Criminal Process 419-436 (Darryl K. Brown, Jenia I. Turner, Bettina Weisser eds., 2019)
Judging Risk: The Use of Risk Assessment in Sentencing, 103 Judicature 42-48 (2019) (with John Monahan)
Judicial Reliance on Risk Assessment in Sentencing Drug and Property Offenders, 46 Criminal Justice and Behavior 799-810 (2019) (with others)
Local Evidence in Constitutional Interpretation, 104 Cornell Law Review 855-898 (2019)
Risk and Resources: A Qualitative Perspective on Low-Level Sentencing in Virginia, 47 Journal of Community Psychology 1476-1492 (2019) (with others)
Self-Policing: Dissemination and Adoption of Police Eyewitness Policies in Virginia, 105 Virginia Law Review Online 96-111 (2019)
The Impact of Proficiency Testing Information and Error Aversions on the Weight Given to Fingerprint Evidence, 37 Behavioral Sciences & the Law 195-210 (2019) (with Gregory Mitchell)
The State of the Death Penalty, 94 Notre Dame Law Review 1255-1312 (2019) (with Ankur Desai)
Wealth, Equal Protection, and Due Process, 61 William & Mary Law Review 397-451 (2019)
With Passion: An Activist Lawyer's Life, 55 Criminal Law Bulletin 483-486 (2019) (reviewing Michael Meltsner, With Passion: An Activist Lawyer's Life (2017))
Nonviolent Risk Assessment in Virginia Sentencing: Report 2: A Survey of Circuit Court Judges (Virginia Criminal Justice Policy Reform Project. University of Virginia School of Law, 2018) (with others)
Nonviolent Risk Assessment in Virginia Sentencing: The Sentencing Commission Data (Virginia Criminal Justice Policy Reform Project. University of Virginia School of Law, 2018) (with others)
A Pioneer in Forensic Science Reform: The Work of Paul Giannelli, 68 Case Western Law Review 681-684 (2018)
Comparing Categorical and Probabilistic Fingerprint Evidence, 63 Journal of Forensic Sciences 1712-1717 (2018) (with others)
Evidence-Informed Criminal Justice, 86 George Washington Law Review 1490-1524 (2018)
Individual and Corporate Criminals, in Research Handbook on Corporate Crime and Financial Misdealing 40-58 (Jennifer Arlen ed., 2018)
Introduction: Forensic Fail, 102 Judicature 15-17 (2018)
Introduction: Symposium on Forensics, Statistics, and Law, 6 Virginia Journal of Criminal Law 1-7 (2018)
Judicial Appraisals of Risk Assessment in Sentencing, 36 Behavioral Sciences & the Law 565-575 (2018) (with others)
Resolving Latent Conflict: What Happens When Latent Print Examiners Enter the Cage?, 289 Forensic Science International 215-222 (2018) (with others)
The Myth of the Reliability Test, 86 Fordham Law Review 1559-1599 (2018) (with M. Chris Fabricant)
The Proficiency of Experts, 166 University of Pennsylvania Law Review 901-960 (2018) (with Gregory Mitchell)
The Reliable Application of Fingerprint Evidence, 66 UCLA Law Review Discourse 64-79 (2018)
Unconstitutionally Illegitimate Discrimination, 104 Virginia Law Review 1471-1528 (2018)
A Tactical Fourth Amendment, 103 Virginia Law Review 211-307 (2017) (with Seth Stoughton)
Actual Innocence and Wrongful Convictions, in Reforming Criminal Justice Volume 3: Pretrial and Trial Processes 193-210 (Erick Luna ed., 2017)
Capital Jurors in an Era of Death Penalty Decline, 126 Yale Law Journal Forum 417-430 (2017) (with others)
Constitutional Reasonableness, 102 Minnesota Law Review 61-126 (2017)
Convicting the Innocent Redux, in Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent 40-56 (Daniel S. Medwed ed., 2017)
Cumulative Constitutional Rights, 97 Boston University Law Review 1309-1355 (2017) (with Kerry Abrams)
Patterns of Errors, 130 Harvard Law Review Forum 287-298 (2017) (Responding to Justin Murray, A Contextual Approach to Harmless Error Review. 130 Harvard Law Review 1791 (2017))
The American Death Penalty Decline, 107 Journal of Criminal Law and Criminology 561-642 (2017) (with others)
The Boom and Bust of American Imprisonment, 96 Texas Law Review 163-179 (2017) (reviewing Eugene Soltes, Why They Do It: Inside the Mind of the White-Collar Criminal (2016), Samuel W. Buell, Capital Offenses: Business Crime and Punishment in America's Corporate Age (2016), and Darryl K. Brown, Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law (2016))
The Constitutional Rights of Corporations in the United States, in Understanding the Company: Corporate Governance and Theory 167-184 (Barnali Choudhury & Martin Petrin eds., 2017)
The Crime Lab in the Age of the Genetic Panopticon, 115 Michigan Law Review 979-999 (2017) (reviewing Adam Benforado, Unfair: The New Science of Criminal Injustice (2015), Erin E. Murphy, Inside the Cell: The Dark Side of Forensic DNA (2015), and Sandra Guerra Thompson, Cops in Lab Coats: Curbing Wrongful Convictions Through Independent Forensic Laboratories (2015))
The Decline of the Virginia (and American) Death Penalty, 105 Georgetown Law Journal 661-729 (2017)
The Global Evolution of Corporate Prosecutions, 11 Law and Financial Markets Review 55-60 (2017)
The Public Interest in Corporate Settlements, 58 Boston College Law Review 1483-1543 (2017)
The Rise of Corporate Prosecutions in America, in Lei Anticorrupção e Temas de Compliance 443-456 (Jorge Munhós & Ronaldo Pinheiro de Queiroz eds., 2017)
Towards an International Right to Claim Innocence, 105 California Law Review 1173-1221 (2017)
Trials and Errors: Inside the Great Forensic-Science Boondoggle, 34 The Baffler (2017)
Bad Hair: The Legal Response to Mass Forensic Errors, 42 Litigation 32-36 (Summer 2016)
Blinding Eyewitness Identifications, in Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law (Christopher T. Robertson & Aaron S. Kesselheim eds., 2016)
Causes of Wrongful Convictions and the Significance of the Innocence Movement, 34 Ritsumeikan ningen kagaku kenkyū 77-89 (2016)
Defending Against Wrongful Convictions, Quarterly Keiji-Bengo 62 (2016)
Forensics and Fallibility: Comparing the Views of Lawyers and Jurors, 119 West Virginia Law Review 621-637 (Winter 2016) (with Gregory Mitchell)
In the Shadow of the Death Penalty, in Death Penalty and the Victims 104-110 (Ivan Šimonović ed., 2016)
Rare as Hens' Teeth: The New Geography of the American Death Penalty, 42 Human Rights 2-4,9 (2016)
The Changing Face of Corporate Prosecutions, The Champion 48-51, 63 (2016)
The Constitutional Regulation of Forensic Evidence, 73 Washington and Lee Law Review 1147-1187 (Summer 2016)
The Metamorphosis of Corporate Criminal Prosecutions, 101 Virginia Law Review Online 60-72 (2016)
The Myth of the Presumption of Innocence, 94 Texas Law Review See Also 178-187 (2016)
The Rise of Bank Prosecutions, 126 Yale Law Journal Forum 33-56 (2016)
Why Plea Bargains Are Not Confessions, 57 William & Mary Law Review 1415-1444 (2016)
Constitutional Law and the Law of Evidence, 101 Cornell Law Review 57-122 (2015)
Contaminated Confessions Revisited, 101 Virginia Law Review 395-454 (2015) (Translation in Chinese (forthcoming, Taiwan Law Review))
DNA and Distrust, 91 Notre Dame Law Review 757-813 (2015) (with Kerry Abrams)
Images of Injustice, in Punishment in Popular Culture 257-286 (Charles J Ogletree & Austin Sarat eds., 2015)
Interrogation Policies, 49 University of Richmond Law Review 895-919 (2015)
The Corporate Criminal as Scapegoat, 101 Virginia Law Review 1789-1853 (2015) (Translation in French (30 Revue Internationale de Droit Économique 239 (2016), as Corporate Delinquents as Scapegoats))
Accuracy in Sentencing, 87 Southern California Law Review 499-544 (2014)
Applause for the Plausible, 162 University of Pennsylvania Law Review Online 221-230 (2014)
Big Data and Due Process, 99 Cornell Law Review Online 207-216 (2014)
Eyewitness Identifications and Police Practices in Virginia, 2 Virginia Journal of Criminal Law 1-24 (2014)
The Banality of Wrongful Executions, 112 Michigan Law Review 979-992 (2014) (reviewing James Liebman, et al., Los Tocayos Carlos (43 Columbia Human Rights Law Review 711 (2012)), Raymond Bonner, Anatomy of Injustice: A Murder Case Gone Wrong (2012), and Dan Simon, In Doubt: The Psychology of the Criminal Justice Process (2012))
The Constitutional Standing of Corporations, 163 University of Pennsylvania Law Review 95-164 (2014)
Wrongful Convictions and the Role of Forensic Science, in Wiley Encyclopedia of Forensic Science (Allan Jamieson & Andre Moenssens eds., 2014)
Blinded Criminal Justice, 2 Journal of Applied Research in Memory and Cognition 73-75 (2013)
Habeas Corpus Standing Alone: A Reply to Lee B. Kovarsky and Stephen I. Vladeck, 98 Cornell Law Review Online 35-42 (2013)
How Jurors Evaluate Fingerprint Evidence: The Relative Importance of Match Language, Method Information, and Error Acknowledgment, 10 Journal of Empirical Legal Studies 484-511 (2013) (with Gregory Mitchell)
Remaining Silent after Salinas, 80 University of Chicago Law Review Dialogue 116-129 (2013)
Roots of Wrongful Convictions, in Comparative Decision Making 379-381 (Philip H. Crowley & Thomas R. Zentall eds., 2013)
Trial and Error, in Wrongful Convictions and Miscarriages of Justice: Causes and Remedies in North American and European Criminal Justice Systems 77-90 (C. Ronald Huff & Martin Killias eds., 2013)
Validating the Right to Counsel, 70 Washington and Lee Law Review 927-959 (Spring 2013)
Judges and Wrongful Convictions, 48 Court Review 132-136 (2012)
Aggregation and Constitutional Rights, 88 Notre Dame Law Review 593-648 (2012)
Eyewitnesses and Exclusion, 65 Vanderbilt Law Review 451-506 (2012)
Habeas Corpus and Due Process, 98 Cornell Law Review 47-126 (2012)
Introduction: Symposium on 'Convicting the Innocent, 46 New England Law Review 671-687 (Summer 2012)
Opening the Black Box: Review of Prosecution Complex, 58 Crime, Law and Social Change 567-573 (2012) (reviewing Daniel Medwed, Prosecution Complex (2012))
The Great Writ, 74 Review of Politics 346-348 (2012) (reviewing Justin J. Wert, Habeas Corpus in America (2011))
Trial and Error: Learning from Patterns of Mistakes, 26 Criminal Justice 30-42 (Winter 2012)
Collaborative Organizational Prosecution, in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct 154-176 (Anthony S. Barkow & Rachel E. Barkow eds., 2011)
Globalized Corporate Prosecutions, 97 Virginia Law Review 1775-1875 (2011)
DNA and Due Process, 78 Fordham Law Review 2919-2960 (2010)
The Substance of False Confessions, 62 Stanford Law Review 1051-1118 (2010)
Invalid Forensic Science Testimony and Wrongful Convictions, 95 Virginia Law Review 1-97 (2009) (with Peter J. Neufeld)
Claiming Innocence, 92 Minnesota Law Review 1629-1723 (2008)
Corporate Confessions, 30 Cardozo Law Review 917-947 (2008)
Judging Innocence, 108 Columbia Law Review 55-142 (2008)
United States v. Goliath, 93 Virginia Law Review In Brief 105-114 (2007)
Aggregation in Criminal Law, 95 California Law Review 383-450 (2007)
Structural Reform Prosecution, 93 Virginia Law Review 853-957 (2007)
Criminal Justice Collapse: The Constitution after Hurricane Katrina, 56 Duke Law Journal 127-178 (2006) (with Tania Tetlow)
Innocence, Harmless Error, and Federal Wrongful Conviction Law, 2005 Wisconsin Law Review 35-114 (2005)
Experimentalist Equal Protection, 22 Yale Law & Policy Review 261-327 (2004) (with James S. Liebman)
Madisonian Equal Protection, 104 Columbia Law Review 837-974 (2004) (with James S. Liebman)
Remedying Racial Profiling, 33 Columbia Human Rights Law Review 41-148 (2001)
Standing While Black: Distinguishing Lyons in Racial Profiling Cases, 100 Columbia Law Review 1815-1846 (2000)

Issues Edited

Policing and Behavioral Health, 86 Law and Contemporary Problems (No. 1, 2023) (with others)
Two Decades of Corporate Criminal Enforcement, 83 Law and Contemporary Problems (No. 4, 2020) (with Samuel W. Buell)

Newspaper Articles and Commentary

Brett Kavanaugh Is Leading the Supreme Court’s Embrace of Alternative Facts, Slate (October 9, 2025) (with Joseph Blocher)
Principles for Just and Rational Policing, 108 Judicature (July 1, 2024, at 18) (with others)

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Directory

Bibliography

Forthcoming

Works in Progress

Books

Articles & Essays

Issues Edited

Newspaper Articles and Commentary

Brandon L. Garrett