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Jules Epstein Jules Epstein

Do mask-wearing witnesses deprive criminal defendants of their right of confrontation? Does impairing the ability of jurors and lawyers to fully assess “demeanor” result in less reliable verdicts? Can voir dire be fair if prospective jurors’ faces are covered? Must we require use of transparent face masks? Or is this all a Shakespearean “much ado about nothing” because we— the great majority of lawyers and judges—can’t detect deception with any degree of reliability and often no better than chance?

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