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 73 and 75, 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.
Keywords
Confrontation Clause, Experts, Federal Evidence Rule 73, Forensic Science
Publication Date
2012
Document Type
Article
Place of Original Publication
Journal of Law and Policy
Publication Information
20 Journal of Law and Policy 443 (2012)
Repository Citation
Giannelli, Paul C., "Confrontation, Experts, and Rule 703" (2012). Faculty Publications. 100.
https://scholarlycommons.law.case.edu/faculty_publications/100
