Law Commons^™

Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo

Journal of Law and Policy

As the forensic science industry grows, so do the scandals – overburdened crime labs, unverified science, corrupt analysts, and diminishing federal oversight. Given the need to ensure that valid forensic science-based evidence is used at trial, a criminal defense attorney typically has the opportunity to cross-examine the scientist who conducted the forensic analysis. However, the 2012 Supreme Court decision of Williams v. Illinois has muddied an otherwise cohesive Confrontation Clause doctrine, allowing for the admission of forensic evidence without the testimony of the forensic scientist, but with no clear holding and different interpretations about what is considered “testimonial evidence.” To …