Adjudication by Ambush: Federal Prosecutors' Use of Nonscientific Experts in a System of Limited Criminal Discovery

Abstract

The federal government makes extensive use of nonscientific expert witnesses in its prosecution of tax fraud and other criminal cases. A criminal defendant's defense thus turns on whether discovery is sufficient to enable him effectively to cross-examine the government expert witness. The author demonstrates that current federal rules inhibit discovery and thereby deny defendants the opportunity for full cross-examination. To eliminate this inequity without sacrificing societal interests, she suggests amending the Federal Rules of Criminal Procedure to provide for greater discovery of expert witnesses.