Friday, July 17, 2009
The Supremes Win One!
"Last week, the US Supreme Court issued a significant ruling, one that upholds the right of a criminal defendant, during trial, to confront the analyst who prepared a forensic report if the prosecution plans to use that report as evidence. ... But many prosecutors, and the court minority, complained that it would place undue strain on forensic analysts and prosecutors", Editorial at the Houston Chronicle, 1 July 2009.
This case should have been another no-brainer, 9-0 decision. The sixth amendment gives us this right. What copy of the constitution do Kennedy, Roberts, Breyer and Alito have? Was the page with the sixth amendment missing? Prosecutors and forensic analysts lack of integrity used to amaze me. It hasn't in years. What they are really afraid of is: "The CSI Effect", jurors being able to spot faulty science and poor evidence handling. Jurors looking at tests performed and wondering why other tests weren't. Imagine, our Supremes came up with Daubert in 1993. What a joke.