Abstract

http://ssrn.com/abstract=2091935
 
 

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Confrontation, Experts, and Rule 703


Paul C. Giannelli


Case Western Reserve University School of Law

June 25, 2012

20 J.L. & Pol’y 443 (2012)
Case Legal Studies Research Paper No. 2012-24

Abstract:     
The United States Supreme Court has decided several cases concerning expert testimony and the Confrontation Clause. This essay argues that confrontation issues are complicated by Federal Evidence Rules 703 and 705, which changed the common law rules. Altering the common law made sense in civil cases because civil rules of procedure provide extensive discovery, which ensures basic fairness. In contrast, discovery in criminal cases is quite limited, which undercuts an accused’s ability to meaningfully confront prosecution experts at trial.

Number of Pages in PDF File: 15

Keywords: Confrontation Clause, Experts, Federal Evidence Rule 703, Forensic Science

JEL Classification: K14

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Date posted: June 26, 2012  

Suggested Citation

Giannelli, Paul C., Confrontation, Experts, and Rule 703 (June 25, 2012). 20 J.L. & Pol’y 443 (2012) ; Case Legal Studies Research Paper No. 2012-24. Available at SSRN: http://ssrn.com/abstract=2091935

Contact Information

Paul C. Giannelli (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2098 (Phone)
216-368-2086 (Fax)
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