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Selected Works

Brian Gallini

2011

Evidence

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To Serve And Protect? Officers As Expert Witnesses In Federal Drug Prosecutions, Brian Gallini Mar 2011

To Serve And Protect? Officers As Expert Witnesses In Federal Drug Prosecutions, Brian Gallini

Brian Gallini

A competent United States Attorney should easily win any federal drug case. The elements of federal drug crimes are easy to prove, easy to explain, and easy for juries to comprehend. Why then does the government need members of law enforcement to testify as experts in federal drug prosecutions? The answer: they do not. Yet district courts routinely admit (and appellate courts uphold) expert agent and officer testimony on a wide array of drug topics—including when officers testify both as expert and lay witnesses. Were the examples of law enforcement expert testimony few, perhaps no problem would arise. But this …