§ 8:91 Public Records — Forensic Laboratory Reports
Christopher B. Mueller & Laird C. Kirkpatrick, 4 Federal Evidence Sec. 8:91 (4th ed. 2013).
GWU Law School Public Law Research Paper No. 2019-42
24 Pages Posted: 1 Aug 2019
Date Written: 2013
This article discusses the admissibility of forensic reports under Federal Rule of Evidence 803(8) and under the Confrontation Clause of the Sixth Amendment of the Constitution. It analyzes whether they are "testimonial" for the purpose of the Crawford doctrine and when the analyst must be produced to be cross-examined. It also discusses who from the forensic laboratory must be called to admit a forensic report. It discusses the constitutional requirements set forth in Crawford v. Washington, Bullcoming v. New Mexico, and Williams v. Illinois.
Keywords: forensic reports, laboratory reports, public reports, confrontation, right of confrontation, Confrontation Clause, Sixth Amendment, Melendez-Diaz, Bullcoming, Williams v. Illinois, Stuart v. Alabama, requirement of producing analyst, testimonial hearsay, Scalia, Federal Rule of Evidence 803(8)
Suggested Citation: Suggested Citation