The Supreme Court just enhanced the rights of defendants in the case of Melendez-Diaz v. Massachussets. When the prosecution intends to introduce a forensic report into evidence, the court held that the defendant has the right to cross-examine the analyst who prepared the report. The court reasoned that the confrontation clause of the constituition contained in the sixth amendment provides the defendant with the right to confronted with the witnesses against him.
In the past, often times a forensic report could be introduced into evidence simply by having the state producing an affidavit stating that the report was produced by using the standard operating procedures at the laboratory. This will apparently no longer be sufficient. The defendant will now be able to require the laboratory analyst who produced the report to testify and be subject to cross-examination. This will definately place a big burden on the state. As defendants become aware of this, they may be able to clog the system with drug cases thus requiring the state to produce the chemist every time there is a trial.
Perhaps, this is exactly what we need to stop the drug war which has focused far to much on incarcerated drug addicts then on making sure everyone gets treatment for their problems.
