Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
A Game Of Katso And Mouse: Current Theories For Getting Forensic Analysis Evidence Past The Confrontation Clause, Ronald J. Coleman, Paul F. Rothstein
A Game Of Katso And Mouse: Current Theories For Getting Forensic Analysis Evidence Past The Confrontation Clause, Ronald J. Coleman, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The Sixth Amendment’s Confrontation Clause ensures that an “accused” in a “criminal prosecution[]” has the right “to be confronted with the witnesses against him [.]” Although perhaps a simple concept, defining the scope of confrontation rights has proved extremely difficult. The law has had particular difficulty scoping confrontation rights in forensic analysis cases, such as those where the prosecution seeks to utilize a laboratory report of DNA, blood alcohol content, narcotics, or other “CSI” type analysis. In this connection, Justice Gorsuch recently authored an opinion dissenting from denial of certiorari in Stuart v. Alabama, in which he recognized the …