[DOWNLOAD] "The Test Results Said What? the Post-Crawford Admissibility of Hearsay Forensic Evidence." by South Dakota Law Review ~ Book PDF Kindle ePub Free
eBook details
- Title: The Test Results Said What? the Post-Crawford Admissibility of Hearsay Forensic Evidence.
- Author : South Dakota Law Review
- Release Date : January 22, 2008
- Genre: Education,Books,Professional & Technical,
- Pages : * pages
- Size : 294 KB
Description
This Article outlines the current questions surrounding the admissibility of hearsay forensic results (including lab reports, autopsies, and certifications), and thoroughly documents the extensive development of quarreling factions among state and federal courts of last resort in answering these questions. Further, the Article considers the constitutionality and desirability of state notice-and-demand statutes, which work to obtain a waiver of the defendant's Confrontation Clause rights where the methodology and substantive accuracy of the forensic report's contents are not in dispute. The Article proposes a two-part comprehensive resolution that respects both defendants' constitutional rights and the practical constraints on the State's ability to regularly present its experts for cross-examination. Simply put, this solution would recognize the majority of forensic hearsay documents as testimonial (and thus trigger defendants' Confrontation rights), but would temper the practical consequences through waiver statutes, carefully constructed to avoid unduly burdening defendants' exercise of their constitutional rights. 1. INTRODUCTION