Ethics

Unusual Majority Issues Correct Court Ruling

By Ed Brayton

The Supreme Court ruled 5-4 that the Sixth Amendment's Confrontation Clause includes the right to cross examine forensic experts when they testify in a trial. It's the makeup of the two sides that is really interesting. The majority opinion was written by Justice Scalia and joined by Thomas, Ginsburg, Souter and Stevens. The minority was Kennedy, Breyer, Alito and Roberts. Full ruling here (PDF).

In the case, the prosecution used results from a state crime lab that did tests concluding that a substance in the case was cocaine. Under Massachusetts law, such test results are testified to in front of a notary public and then admitted to court as prima facie evidence, but the defense argued that they should have access to those who performed the test to cross examine them. Scalia wrote:

Full post as published by Dispatches from the Culture Wars on June 29, 2009 (boomark / email).