By Henry F. Fradella, Cassia C. Spohn, Jessica M. Salerno, Shi Yan, Valena Beety, and Rose E. Eerdmans

This article presents the results of a mixed-methods study that surveyed legal system actors in Arizona about their perceptions of the Arizona Supreme Court’s elimination of peremptory challenges in the state. Responses from 195 participants revealed statistically significant differences between members of the bench and bar with regard to their support for the ban, its impact on litigating challenges for cause, and its perceived negative effects on selecting fair and impartial jurors from a representative cross-section of the community. Qualitative analyses provided insights into the divide, with judges expressing support for the ban largely due to perceived increased efficiency, whereas trial attorneys decried the loss of control over jury selection and its corresponding effects on the perceived fairness of trials and case outcomes. The article concludes by exploring the public policy implications of the results, including the impact of the ban on procedural justice.

By Tara Wheeler, Research Associate, Julia Bergeron-Smith, Clare Murray, Margaret Gormley   

Assessing Protection from Abuse Orders in Maine is the result of the Maine Statistical Analysis Center (SAC) and the Maine Coalition to End Domestic Violence (MCEDV) seeking and securing funding from the Bureau of Justice Statistics for an 18-month research project to scan and analyze a year’s worth of final protection from abuse (PFA) orders and generate a first-of-its-kind dataset for Maine.Although the Maine Judicial Branch’s electronic case management system collects some data about the relief that is ordered by the court, certain details are not available through this system and can only be accessed through a manual review of each physical case file—a labor-intensive but essential undertaking to evaluate outcomes and assess current practices. Maine SAC researchers carried out this work by travelling over 3,400 miles to 25 district courts statewide, where they reviewed thousands of 2023 case files in which a final order had been issued. Ultimately, researchers generated a dataset of 2,079 cases, which accounts for 91% of all 2023 PFA cases in which a final order was issued.Key findings from the study included that the majority of final 2023 PFA orders were filed against an intimate partner (77%), were for exactly 24 months (66%), and were determined by agreement (59%), meaning the plaintiff and defendant agreed upon the provisions contained in the final order before a court hearing.Additional findings include:Across the state, the vast majority of firearm relinquishment orders specify law enforcement as the receiving party. Final orders determined by agreement of both parties are less likely to include firearm relinquishment provisions than orders determined by a judge. Firearm relinquishment is also influenced by court region. Custody provisions were closely associated with parties agreeing to the terms of an order prior to the final hearing. Paragraphs It is further ordered and P. Limits to the defendant’s rights of contact are frequently being used to address reliefs that appear elsewhere on the form.While the order data does not explain the reasons behind the disparities by order determination type and by court region, the findings provide a strong foundation for further research and to inform ongoing policy discussions.Andrea Mancuso, Public Policy Director at MCEDV, spoke to the effect this report will have in Maine: “This report is an incredibly valuable resource for policymakers as well as advocates who are working hand in hand with survivors to access Maine’s civil justice system across Maine every day. This data will help us over the next several years in the work to ensure that the protections and support available to respond to the needs of survivors in Maine’s protection from abuse statute can be functionally accessed by them.

Portland: Maine Statistical Analysis Center, University of Southern Maine, 2025. 29p

By David Benjamin Joyce 

On October 25, 2023, Robert Card executed 18 civilians in mass shootings at Just-In-Time Recreation and Schemengees Bar and Grille Restaurant in Lewiston, Maine. Three months before the rampage, Card spent 14 days in a New York psychiatric hospital. His violent tendencies were known to family members, the Army Reserves, and law enforcement officials in Maine. Despite the warning signs, Card never faced a firearm prohibition. He maintained control of a high-powered Ruger SFAR rifle, which he turned on victims ranging in age from 14 to 76. The Lewiston tragedy brought renewed focus on Maine’s risk-based firearm removal statute. Phase One of this dissertation examines barriers and facilitators to use of Maine’s statute from the perspective of law enforcement officers, prosecutors, medical providers, and researchers in Maine. Phase Two of this dissertation reviews risk-based restriction statutes in three comparison states – Connecticut, Maryland, and Vermont – and examines implementation outcomes. Semi-structured interviews with stakeholders form the basis for the qualitative data in this study. The responses led to identification of key barriers and facilitators to effective implementation of risk-based firearm statutes. From these emerging themes, this dissertation offers eight recommendations to improve Maine’s risk-based firearm removal program. A plan for change is presented using an adaption of the Overseas Development Institute’s RAPID approach. The plan for change includes recommendations for legislative modification by the Maine legislature and implementation strategies to be employed by local stakeholder groups. Although no policy can eliminate the risk of gun violence, adoption of the recommendations in this dissertation will reduce the risk that the tragic events of October 25, 2023, repeat in the State of Maine.

Chapel Hill, NC: University of North Carolina, 2024. 140p.

By Conor McCormick and Brice Dickson

Available open access digitally under CC-BY-NC-ND licence. This compelling book underscores the significance of the Court of Appeal in Northern Ireland, making a significant contribution to the literature and proposing recommendations on how it could enhance both its efficiency and its reputation.

Bristol, UK: Bristol University Press, 2024.

By Guyora Binder,and Ekow Yankah

The widely applauded conviction of officer Derek Chauvin for the murder of George Floyd employed the widely criticized felony murder rule. Should we use felony murder as a tool to check discriminatory and violent policing? The authors object that felony murder—although perhaps the only murder charge available for this killing under Minnesota law—understated Chauvin’s culpability and thereby inadequately denounced his crime. They show that further opportunities to prosecute police for felony murder are quite limited. Further, a substantial minority of states impose felony murder liability for any death proximately caused by a felony, even if the actual killer was a police officer, not an “agent” of the felony. In these “proximate cause” jurisdictions, felony murder is far more often used to prosecute the (often Black) targets of police violence, than to prosecute culpable police.

Previous scholarship on prosecution of felons for killings by police criticized such proximate cause rules as departures from the “agency” rules required by precedent. But today’s proximate cause felony murder rules were enacted legislatively during the War on Crime and are thus immune to this traditional argument. The authors instead offer a racial justice critique of proximate cause felony murder rules as discriminatory in effect, and as unjustly shifting blame for reckless policing onto its victims. Noting racially disparate patterns of charging felony murder, and particularly in cases where police have killed, the authors call on legislatures to reimpose “agency” limits on felony murder as a prophylactic against discrimination. Finally, the authors widen this racial justice critique to encompass felony murder as a whole, urging legislatures to abolish felony murder wherever racially disparate patterns of charging can be demonstrated.

17 Harv. L. & Pol'y Rev. 157 (2022).

By Jonathan Fisher

. At its most simple, the disclosure of unused material is the process whereby information gathered during an investigation is passed from the prosecution to the defence. The information disclosed should assist the defence in arguing the most compelling version of their case. The obligation placed upon the prosecution to disclose certain pertinent material acts as an essential safeguard. We have learnt through bitter experience that disclosure errors, whether deliberate or through negligence, can lead to cases collapsing or worse, a miscarriage of justice. Such events are lamentable and erode the public’s trust in the criminal justice system.. When in the autumn of 1981 I started practice at the Bar, my Opinions, Advices and Pleadings were written in manuscript or dictated into a hand-held tape-recording machine. They were then typed by a professional typist, using an Imperial typewriter with carbon paper to produce a copy. Similarly, most business records were kept on paper and retained manually in files. Rules regarding disclosure of unused material generated in a criminal investigation were governed by the innate fairness of the common law which required a prosecutor to pass information to a defendant where the material assisted the defence case.. Fifteen years later, it was recognised that a more sophisticated approach to disclosure was required. This followed a series of cases in which failure to disclose information to a defendant was responsible for some grievous miscarriages of justice. At the same time, reliance on documentary evidence and expert witness testimony increased. When the Criminal Procedure and Investigations Act 1996 (CPIA)1 was enacted, the new statutory based rules of disclosure were regarded as state of the art, providing a sound foundation for criminal trials to proceed on a sure footing in the new millennium. Since then, the technological revolution has brought radical changes in work practices, and the position now looks rather different. Nearly 30 years have passed since the CPIA was enacted. At that time, internet connections were typically made via dial-up modems, with downloading speeds sufficient for basic web browsing and email, but little more. As technology improved and information could be stored electronically, the volume of unused material generated in a criminal investigation grew exponentially. This development occurred against a background in which the CPIA did not directly address the way in which digital information should be reviewed by a prosecutor and made available to a defendant when the test for disclosure of unused material was satisfied. Concern regarding the operation of this process is the reason why previous Reviews were established. Yet the world has not stood still since the last Independent Review on this subject over a decade ago. Indeed, society in the United Kingdom continues to embrace technological advancements, including artificial intelligence, in many aspects of our lives. Furthermore, the very nature of criminal offending, as it has done throughout history, continues to evolve, taking advantage of new online enablers. The rise in digital material across the whole gamut of criminal cases, and its implications for the disclosure regime, is the very reason why I was tasked to consider, once again, whether the regime is fit for the modern age. Today, the largest investigation case on the Serious Fraud Office (SFO) system has 48 million documents (6.5 terabytes of data). With this volume of digital material, it is inconceivable that the totality of unused material generated in the investigation can be accurately reviewed and scheduled by investigating officers manually, in the traditional way. It is also a gross waste of resource for investigating officers to spend time on banal and unproductive activity. Electronic material has become commonplace in even the smallest of cases. Body camera material features (or should feature) in every case where a motorist is stopped by the police, and it is estimated that on average there are 7.4 digital devices in every home. Each of these devices can retain thousands of pieces of information which might be relevant to a prosecutor or defendant in a criminal case.

London: Home Office, 2025. 224p.

By Ellen R Gutowski, Lisa A Goodman

Intimate partner violence (IPV) survivors seeking safety and justice for themselves and their children through family court and other legal systems may instead encounter their partners' misuse of court processes to further enact coercive control. To illuminate this harmful process, this study sought to create a measure of legal abuse. We developed a list of 27 potential items on the basis of consultation with 23 experts, qualitative interviews, and existing literature. After piloting these items, we administered them to a sample of 222 survivor-mothers who had been involved in family law proceedings. We then used both exploratory factor analysis (EFA) and Rasch analysis (RA) to create a final measure. Analyses yielded the 14-item Legal Abuse Scale (LAS). Factor analysis supported two subscales: Harm to Self/Motherhood (i.e., using the court to harm the survivor as a person and a mother) and Harm to Finances (i.e., using the court to harm the survivor financially). The LAS is a tool that will enable systematic assessment of legal abuse in family court and other legal proceedings, an expansion of research on this form of coercive control, and further development of policy and practice that recognizes and responds to it.

J Fam Violence. 2023;38(3):527-542

By The Center for Justice Innovation

In May 2024, the New York State Unified Court System, with the Center for Justice Innovation (the Center), and in partnership with the Office of the Governor of the State of New York, launched the Family Justice Initiative: Court and Community Collaboration (FJI or the Initiative). Building on the reports and analyses that have documented statewide challenges across all case types in Family Court to date, the Initiative seeks to forge a fair, equitable, and sustainable path forward for the Court and its system partners to better serve all New Yorkers. The Initiative is solutions-focused, prioritizes areas for improvement, identifies promising programs, and explores new ideas to strengthen families, reduce unnecessary system involvement, and break intergenerational cycles of trauma. The Center’s role is to support a strategic planning process to develop a broad vision for what makes an effective family-serving system, as well as a comprehensive plan to support that vision. The goal for the initial phase was to begin to develop a shared vision and objectives for the Initiative and identify concrete solutions ready for immediate implementation. This report lays out the values and goals articulated by Initiative partners to date, and the specific recommendations that emerged from extensive discussions facilitated across New York State in the first phase of the project. It also provides a preview of the next phase of work, which will include the development of working groups to pursue longer-term areas for improvement while continuing to identify concrete opportunities for investment along the way.   

New York: Center for Justice Innovation, 2025. 31p.

By Gabriele Paolini, Elena Kantorowicz-Reznichenko, Stefan Voigt

Over the last three decades, plea bargaining has been adopted by many jurisdictions worldwide. However, a comprehensive account of both its adoption as well as its use is still missing. We survey 174 jurisdictions, finding that 101 allow plea-bargaining. For 52 jurisdictions, we also compute plea-bargaining rates, as the percentage of convictions imposed through plea bargaining over all criminal convictions. Relying on this novel dataset, we find that Muslim-majority populations and the French and Scandinavian legal origins are associated with lower probabilities of formalizing plea bargaining, while democracies are associated with higher probabilities. The Spanish and Socialist legal origins, a looser regulation of the procedure, and jury trials are associated with higher plea-bargaining rates, while higher income levels correlate with higher plea-bargaining rates only up to a certain point.

Journal of Empirical Legal Studies, Volume22, Issue1, March 2025, Pages 27-75

By Allison P. Harris

How does racial diversity impact institutional outcomes and (in)equality? Discussions about diversity usually focus on how individuals’ identities shape their behavior, but diversity is a group-level characteristic. Scholars must, therefore, consider the relationship between group composition and the individual decisions that shape institutional outcomes. Using felony data from a large U.S. court system, I explore the relationship between racial diversity among the judges comprising a court and individual judges’ decisions. I find that as the percent of Black judges in a courthouse increases white judges are less likely to render incarceration sentences in cases with Black defendants. Increases in racial diversity decrease the Black–white gap in the probability of incarceration by up to 7 percentage points. However, I find no relationship between judge’s racial identities and disparities in their decisions. This study highlights the importance of conceptualizing diversity as a group characteristic and the relationship between institutional context and outcomes.

American Political Science Review, 2023, 16 pages

By R. Michael Cassidy

Disciplining individual prosecutors will never be enough to overcome the multifarious incentives prosecutors have to cut corners to secure convictions. Although bar discipline against prosecutors is increasing in frequency, professional regulators tend to focus on individual actors rather than paying attention to systemic failures.

No single instance of prosecutorial misconduct—revealed perhaps by the reversal of a criminal case or the exoneration of an innocent defendant—can ever be fully explained by the deeds of a lone actor without looking at who establishes enforcement priorities, who sets office policies, and who does the training. Leaders in the office are usually involved, either by omission (failing to catch an error) or commission (creating an office culture where ethical lapses are tolerated or even encouraged).

The predominance of collective action and shared responsibility in business organizations often makes it difficult to pinpoint criminal liability. That challenge is addressed through the “responsible corporate officer” doctrine in criminal law, which holds executive-level individuals accountable for the wrongdoing to which they contributed, whether through commission or omission. Prosecutor’s offices are organizations with structures and incentives not dissimilar to that of a corporation. Because existing frameworks for addressing prosecutorial misconduct in the criminal justice system are ineffective, bar regulators should borrow from the responsible corporate officer doctrine by more aggressively enforcing Rule 5.1 of the Rules of Professional Conduct.

The notion that supervisory attorneys must be more actively involved in their colleagues’ ethical decisions and conduct has been recognized by the bar since the adoption of ABA Model Rule 5.1 in 1983, but the rule remains undertheorized by scholars and underutilized by disciplinary authorities. This article draws on important parallels between the responsible corporate officer doctrine and Rule 5.1 to explain why enforcement of professional discipline against leaders in a prosecutor’s office is necessary to incentivize more rigorous supervision and training. The author scrutinizes two recent cases in Colorado and Massachusetts where bar regulators have successfully utilized Rule 5.1 to discipline leaders in a prosecutor’s office for failing adequately to supervise the conduct of junior associates. The author then advocates for an even more expansive use of Rule 5.1 to force head prosecutors to adopt written, transparent, and publicly available policies and procedures. Finally, the author discusses three recurring and highly intractable problems of prosecutorial discretion that could benefit from comprehensive office policy manuals: grand jury practice, disclosure of exculpatory evidence; and use of cooperating witnesses.

Oregon Law Review, Vol. 102, 2024, Boston College Law School Legal Studies Research Paper No. 614, 37 p