In one of the last decisions of the term, the U.S. Supreme Court made it clear that criminal defendants have the right to cross-examine the forensic experts who create lab reports introduced at trial. Â The ruling in Melendez-Diaz v. Massachussets upholds the principal that a defendant has a constitutionally guaranteed right to confront his/her accusers.
In the past, some states had allowed the prosecution to introduce a certified affidavit indicating the results of forensic analysis into evidence without calling the technician to testify. Â This meant that the defendant could not question the technician about the process by which the analysis was conducted or the accuracy of the results. Â Now, defendants who have been notified that the state intends to introduce forensic analysis may then notify the State of his/her desire to confront the witness. Â The Court also made clear that althought the state must produce the witnesses for trial, it may also impose procedural rules concerning the testimony. Â As such, it is likely that the states will adopt rules that require the defendant to make the election to require testimony within reasonable time frames or lose the right.
