Justices Narrowly Rule for Defendants on Confrontation Clause (1)

The US Supreme Court provided narrow guidance on how prosecutors can use forensic analysis in criminal trials, while leaving a persistent problem unresolved.

In a unanimous opinion by Justice Elena Kagan on Friday, the court said forensic analysis that forms the basis of another expert’s opinion could be inadmissible hearsay, unless prosecutors make both experts available at trial.

Kagan said the Confrontation Clause of the Sixth Amendment “protects a defendant’s right of cross-examination by limiting the prosecution’s ability to introduce statements made by people not in the courtroom.”

She noted the importance of the Supreme Court’s 2004 decision in Crawford ...