Skip to content

Constitutional Regulation of Forensic Evidence

Journal: Washington and Lee Law Review
Published: 2018
Primary Author: Brandon Garrett

In this Essay, I describe how despite decades of missed opportunities to adequately regulate forensics, in recent rulings the Supreme Court and lower courts increasingly focus on sound litigation of forensics. In an era of plea bargaining, the accuracy of forensic analysis depends far less on cross-examination at trial, and far more on sound lab techniques, full disclosure of strengths and limitations of forensic evidence to prosecutors and the defense, and careful litigation. The Sixth Amendment and the Due Process Clauses are emerging as promising constitutional sources for improved regulation of forensics, including through ineffective assistance of counsel and Brady v. Maryland rulings focusing on investigations and plea bargains, as well as the general due process guarantee of a fair trial.

Related Resources

What’s in a Name? Consistency in Latent Print Examiners’ Naming Conventions and Perceptions of Minutiae Frequency

What’s in a Name? Consistency in Latent Print Examiners’ Naming Conventions and Perceptions of Minutiae Frequency

Fingerprint minutia types influence LPEs’ decision-making processes during analysis and evaluation, with features perceived to be rarer generally given more weight. However, no large-scale studies comparing examiner perceptions of minutiae…
Shifting decision thresholds can undermine the probative value and legal utility of forensic pattern-matching evidence

Shifting decision thresholds can undermine the probative value and legal utility of forensic pattern-matching evidence

Forensic pattern analysis requires examiners to compare the patterns of items such as fingerprints or tool marks to assess whether they have a common source. This article uses signal detection…
The Contribution of Forensic and Expert Evidence to DNA Exoneration Cases: An Interim Report

The Contribution of Forensic and Expert Evidence to DNA Exoneration Cases: An Interim Report

This report is from Simon A. Cole, Vanessa Meterko, Sarah Chu, Glinda Cooper, Jessica Weinstock Paredes, Maurice Possley, and Ken Otterbourg (2022), The Contribution of Forensic and Expert Evidence to…
CSAFE Project Update & ASCLD FRC Collaboration

CSAFE Project Update & ASCLD FRC Collaboration

This presentation highlighted CSAFE’s collaboration with the ASCLD FRC Collaboration Hub.