Abstract
The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting that “[s]erious deficiencies have been found in the forensic evidence used in criminal trials.” Defense attorneys would be derelict if they did not use it, and prosecutors will have no choice but to respond to defense arguments. This essay examines how courts may respond to the NRC Report in the near future.
Keywords
Strengthening Forensic Science in the United States: A Path Forward, Forensic Science, National Institute of Forensic Science, Admissibility, Evidence, Criminal Law
Publication Date
2009
Document Type
Article
Place of Original Publication
Jurimetrics
Publication Information
50 Jurimetrics 53 (2009)
Repository Citation
Giannelli, Paul C., "The NRC Report and Its Implications For Criminal Litigation" (2009). Faculty Publications. 502.
https://scholarlycommons.law.case.edu/faculty_publications/502
