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.


Confrontation Clause, Experts, Federal Evidence Rule 73, Forensic Science

Publication Date


Document Type


Place of Original Publication

Journal of Law and Policy

Publication Information

20 Journal of Law and Policy 443 (2012)


COinS Paul C. Giannelli Faculty Bio