Tuesday, September 22, 2020
Lisa Steele has posted Investigating and Presenting an Investigative Omission Defense (Criminal Law Bulletin, Vol. 57, Forthcoming) on SSRN. Here is the abstract:
The paper also discusses cognitive biases that can affect even well-trained, experienced police investigators and/or prosecutors. Tunnel vision, confirmation bias, and other mental shortcuts can lead to investigative lapses when evidence that the defendant is not the culprit is mentally ignored or downplayed.