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.
GW Paper Series
GWU Law School Public Law Research Paper No. 2019-42; GWU Legal Studies Research Paper No. 2019-42
Mueller, Christopher B. and Kirkpatrick, Laird C., § 8:91 Public records—Forensic laboratory reports (2019). 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; GWU Legal Studies Research Paper No. 2019-42. Available at SSRN: https://ssrn.com/abstract=3429229