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Winter 2025

Volume 39, Issue 4

Features

Recusal’s Own Conflict of Interest

Louis Virelli III

The more aggressive use recently of judicial recusal arguments in high profile cases creates a meta-legitimacy problem within recusal law that requires judges, legislators, and litigants to take the…

Jan 30, 2025 15 min read

From the Chair

Book Review

Recent Reads

Jolie Bodner Zangari

Several recent criminal justice books are reviewed, including titles from professional practice, true crime, and fiction genres.

Jan 30, 2025 4 min read

Criminal Justice Matters

Understanding the Alford Plea

J Vincent Aprile II

A defense attorney needs a strategy to negotiate for an Alford plea with the prosecutor, who in most jurisdictions may veto it, whether sought in negotiations or as an open plea.

Jan 30, 2025 7 min read

Guest Column

Mental Health

Scientific Evidence

(Un)verified Expert Conclusions

Jules Epstein

An expert explains how cognitive biasing works in nonblind verification and identifies another problem with verification testimony: It is inadmissible “testimonial” hearsay and thus a violation of a…

Jan 30, 2025 5 min read

Trial Tactics

Similar Motive and Former Testimony

Stephen A Saltzburg

The key to admitting former testimony under Rule 804(b)(1) is to demonstrate a motive for a party to examine a declarant in a prior proceeding similar to the motive that the party would have at trial…

Jan 30, 2025 7 min read

Section News