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SCOTUS: Forensic reports require cross examination of analysts

The US Supreme Court today issued a new ruling in Melendez-Diaz v. Massachussetts that affidavits documenting the result of forensic testing were subject to the Confrontation Clause in the Sixth Amendment of the US Constitution, meaning the lab analysts must be made available for cross-examination in court.In the 5-4 ruling written by Antonin Scalia, I was particularly pleased to see the new report by the National Academy of Sciences specifically cited as justification for cross-examination of forensic lab workers. From the opinion (pdf):Nor is it evident that what respondent calls ?neutral scientific testing? is as neutral or as reliable as respondent suggests. Forensic evidence is not uniquely immune fromthe risk of manipulation. According to a recent study conducted under the auspices of the National Academy of Sciences, ?[t]he majority of [laboratories producing foren-sic evidence] are administered by law enforcement agen-cies, such as police departments, where the laboratory administrator reports to the head of the agency...continue to full post

Full post as published by Grits for Breakfast on June 25, 2009 (boomark / email).