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Fall 2019 | Volume 38 Number 2 How How reliable is forensic evidence? How do courts and judges use risk assessment tools? How do DNA exonerations occur? How many states sentence juveniles to life without parole? How often do eyewitnesses misidentify suspects? How does ability to pay affect who stays in jail? How many times has faulty evidence led to a wrongful conviction? HowHow cancan datadata improve improve criminalcriminal justice justice reform? reform? Research Celebrating Justice Kennedy Inside: Kate Bartlett awarded Bolch Prize From the Dean Dear Friends: We were also attracted by Duke law’s long history arly in our relationship, when of identifying and addressing the problem of wrongful we were both young attorneys, i recall convictions, including through our clinical program myE husband, Brandon Garrett, telling me how and our student-led innocence project. these cases excited he was to have drafted a complaint in the often require heroic efforts and take years to come to case brought by yusef salaam against the City resolution. in May, our Wrongful Convictions Clinic of new york. salaam and four other boys had secured the release of ray Finch, now 81, who had been convicted and imprisoned when they were served 43 years for a murder he did not commit; only 14 and 15 years old for a crime they did not professor James Coleman had worked on the case for commit — the brutal rape of jogger in Central 15 years. in august, the clinic’s efforts, led by professor park. exonerated by Dna testing in 2001, they theresa newman since 2010, freed Dontae sharpe, were suing for civil damages, and Brandon was who served 25 years in prison for a murder he did not The Duke Center an associate on their legal team. commit. and as this issue of Duke Law Magazine was sixteen years later, in early september, i had going to press, professors Coleman, newman, and for Science and the honor of welcoming salaam and raymond Jamie lau and their students were fighting on behalf Justice will create santana — two of the group now known as the of a half-dozen clients in state and federal courts and new opportunities exonerated Five — to Duke law school to speak reviewing the cases of many others in the pipeline. for students and to our students. in front of an overflow crowd, science can play a key role in these cases, in both they recounted the story that had been so vivid- good and bad ways. Dna analysis has been a key tool faculty across ly brought to life in last spring’s netflix series for proving innocence, as it did for salaam and santana. the university “When they see us,” then stayed for nearly 45 But increasingly lawyers and scholars are re-examining to study and minutes shaking hands and taking selfies. it was faulty science presented at trial — both in attempts improve accuracy an electrifying moment for our community. i was to overturn wrongful convictions as well as to prevent doubly excited that the event marked the launch mistakes in the future — and using sound scientific of evidence in of the new Duke Center on science and Justice, methods and data to understand other ways in which criminal cases, directed by Brandon, who is now the l. neil the criminal justice system can be improved. the Duke analyze the role Williams, Jr. professor of law. this new center Center for science and Justice will create new oppor- of risk in criminal will apply legal and scientific research to reform- tunities for students and faculty across the university ing the criminal justice system and eliminating to study and improve accuracy of evidence in criminal outcomes, and errors like the ones that led to the injustices expe- cases, analyze the role of risk in criminal outcomes, and identify the rienced by the exonerated Five. identify the treatment needs of individuals with mental treatment needs For years, i’ve witnessed Brandon’s tireless health or substance abuse problems as an alternative to of individuals with work on criminal justice reform research as he arrest and incarceration. it will also reach across cam- has become a leading scholar on these issues. pus to partner with colleagues in medicine, arts and sci- mental health But i’ve also long known about the amazing work ences, public policy, and other disciplines, to generate or substance of Duke’s criminal law faculty, including sam new insights and ideas for systemic reform. abuse problems Buell’s pathbreaking work on corporate crime, the system failed yusef salaam and raymond as an alternative lisa Kern Griffin’s investigations into truth, santana, just as it failed ray Finch and Dontae sharpe. confession, and error in criminal cases, and sara But it is inspiring to see our community of lawyers, to arrest and sun Beale’s extensive contributions to our under- scholars, and students doing something about it. i hope incarceration. standing of federal criminal law. in fact, Duke’s you enjoy reading more about the center and the many leadership in this field was one of the things that other exciting projects going on at Duke law. and as attracted Brandon and me to Durham last year. always, i so appreciate your friendship and support. regards, Kerry Abrams James B. Duke and Benjamin N. Duke Dean and Professor of Law 6’ 6” Fall 2019 6’ 0” Volume 38 Number 2 5’ 6” DEAN Kerry Abrams 5’ 0” EXECUTIVE DIRECTOR OF COMMUNICATIONS Andrew Park 4’ 6” EDITOR Frances Presma 4’ 0” CONTRIBUTING WRITERS Claire Hermann Valerie Marino With the launch of the Duke Center for Jeannie Naujeck Andrew Park Science and Justice, Duke Law School is Frances Presma betting that empirical, interdisciplinary Amelia Ashton Thorn Melinda Myers Vaughn research can produce evidence-based ART DIRECTION & DESIGN reforms in the criminal justice system. Marc Harkness PHOTOGRAPHY Rachel Flores Chris Hildreth 34 The anatomy and aftermath Colin Huth of a Wrongful Convictions Ken Huth Jared Lazarus Clinic exoneration Jay Mallin 16 Megan Mendenhall Sean Rowe Monique Shaw Les Todd WEB PRODUCTION Madeeha Khan Michael Wright Sean Rowe ALUMNI NOTES EDITOR Bradley lays groundwork Janse Haywood 42 for new field of law Clinics Clinics CMYKDuke Color verified Law by MH 7/27/2019 Magazine is published under 21 18 9 61 the auspices of the Office of the Dean, Duke University Law School, 210 Science Drive, Dean’s Message Box 90362, Durham, NC 27708 The Commons ....................... 2 Faculty Focus ......................16 This publication was Profiles ..................................47 produced using paper which supports Duke’s commitment Alumni Notes ..................... 55 to sustaining our environment. In Memoriam ..................... 63 14 Sua Sponte .......................... 64 Ideas, achievements, and events from around The Commons Duke Law School Yusef Salaam, left, and Raymond Santana, two of the “Exonerated Five,” spoke to Duke Law students Sept. 3, during an event marking the launch of the Duke Center for Science and Justice moderated by Professor Brandon Garrett, right. neW Center based at Duke law school is applying A legal and scientific research to reforming the criminal New Duke Law justice system. the Duke Center for science and Justice brings together center delves faculty and students in law, medicine, public policy, and arts and sciences to pursue research, policy and law reform, and education in three areas: accuracy of evidence in criminal into science of cases; the role of risk in criminal outcomes; and addressing a person’s treatment needs as an alternative to arrest and incar- criminal justice ceration. it also is examining the needs of formerly incarcerat- ed persons who are re-entering society. the center is led by Brandon Garrett, the l. neil Williams, Jr. professor of law and a leading scholar of criminal proce- dure, scientific evidence, and wrongful convictions. 2 Duke Law Magazine • Fall 2019 “We just want you to do your job to the best of your ability. Don’t cheat. Don’t cut corners.” — Raymond Santana urged Duke Law students to remember the story of the Exonerated Five as they enter practice. as criminal justice and policing reform, free expression, foreign policy, economic opportunity, and innovation. additional support for Garrett’s research has been provided by arnold Ventures and the Center for statistics and applications in Forensic evidence. “Driven by innovative, research-based programs like this one, the nation is undergoing a major rethinking about how we approach criminal justice,” said ryan stowers, executive director of the Charles Koch Foundation. “We are excited to sup- port professor Garrett and the Duke Center for science and Justice as they bring together scholars and practitioners from different disciplines seeking to allow more americans the opportunity of a second chance and to determine practices that will prevent individuals from getting stuck in the system in the first place.” Exonerees urge law students to remember their story Duke launched the center on sept. 3 with a lunchtime conversation between Garrett and two members of the “exonerated Five,” yusef salaam and raymond santana, who, as teenagers, were wrongfully charged and convicted, along with three others, of the brutal rape of a jogger in new york City’s Central park. early in a central goal of the center is to convey the results his career, Garrett helped represent salaam in his quest for exoneration. of research to stakeholders in the criminal justice sys- salaam and santana urged the law students in the overflow audience to remem- tem. (read more in “Data Driven” on page 34.) ber their story as they begin their careers, and said that speaking to future members “Duke university is a leader in fostering collabora- of the legal profession has helped them heal the emotional trauma from their case.

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