My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to Melendez-Diaz. That case held that forensic reports are testimonial and subject to the new Crawford confrontation clause analysis. One slam dunk solution to the Melendez-Diaz issue is for the State to bring all of the analysts to court. But that’s expensive so folks have been looking for other solutions. Many of the solutions that I’ve heard focus on legislative changes. Although there are some legislative solutions, in the end there is only so much legislating that can be done regarding a constitutional issue. So that got me wondering: What practical solutions are out there? Here are a few ideas. Please weigh in on whether these are viable and share any additional thoughts that you have. If you prefer to contact me directly, here’s my email: smithj@sog.unc.edu 1. Encourage Officers to Become Certified Chemical Analysts. Many officers already are certified to perform a chemical analysis in DWI cases. When that’s the case, there is no Melendez-Diaz issue in the garden variety case. Because the officer has to testify as the primary fact witness for the State, the officer already is in court. 2. Use Blood Tests Sparingly in DWI Cases. Although it strengthens the prosecution’s case to have a blood test, they aren’t needed in every situation. Suppose for example the officer can testify: “I saw the defendant driving at 2 am [...]
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