Commentary and Opinion

July 15, 2009

U.S. Supreme Court Decision Requires Forensic Analysts to Testify in Court

David Badertscher
Legal experts and prosecutors are quite concerned about possible results of the June 25, 2009 U.S. Supreme Court decision Melendez-Diaz v. Massachusetts 07-591. In this decision the Court has ruled that forensic analysts conducting tests must be in court to testify about their test results and that lab sheets that identify a substance as a narcotic, or breath test printouts describing a suspect’s blood-alcohol level are no longer to be considered as sufficient evidence. A person is now required to be in court to talk about the test results. The basic question the Supreme Court addressed in this opinion was: “Is a state forensic analyst’s laboratory report prepared for use in a criminal prosecution “testimonial” evidence subject to the demands of the Sixth Amendment’s Confrontation Clause as set forth in Crawford v. Washington?”* In its ruling the Supreme Court answered, yes.
_________________________ *The above quote was taken from discussion of this opinion in the U.S. Supreme Court Oyez website at. http://www.oyez.org/cases/2000-2009/2008/2008_07_591 . This site also includes links to the text of the opinion as well at to the Syllabus, dissent, concurrance, and argument. For additional information see discussion in a July 15, 2009 Washington Post article by Tom Jackman, and follow the link on the U.S. Supreme Court website.

July 14, 2009

The Importance of Forensics in the Fields of Criminal Law and Justice: An Introduction

by David Badertscher

BY KAT SANDERS*

It’s easier to solve crime today than it was 50 years ago, because of the advances that have been made in the field of science, or to be more specific, forensic science. In fact, new and innovative crime solving techniques are being introduced by the day to help law enforcement officers solve cases that are baffling at first. If we took a long and hard look at the role that forensics play in the fields of criminal law and justice, we would see how important it is in solving crime because:

It helps establish the nature of the crime: There are some crimes that are accidents and others that are by design. Looking at the evidence through a forensic microscope allows cops and others in the law enforcement area to determine if the crime was a murder, suicide or other form of accidental death. In the case of a murder, forensic evidence tells them if the crime was accidental or carried out in cold blood. Forensic science is also used to investigate and solve burglaries, drug offenses, arsons and automobile accidents.

July 14, 2009

Unclassified Report on the President’s Surveillance Program

by David Badertscher

The Unclassified Report of the President’s Surveillance Program released on July 10, 2009 is a review of the National Security Agency Warrantless Search Program, created during the presidency of George W. Bush some time after September 11, 2001. The unclassified report was prepared by the inspectors general of five government bodies involved in the original program. Among its many observations it raises questions about both whether the extensive secrecy of the original warrantless surveillance program limited its effectiveness and the legal basis of the original program..

The following is an excerpt from the Introduction to the Unclassified Report followed by a link to the entire Report:

From the Introduction:

July 14, 2009

ABA Journal Weekly Newsletter. July 10, 2009.

by David Badertscher

Ten top stories.

July 10, 2009.

Editor’s Note: Check back at ABAJournal.com starting Monday for live coverage of the Sonia Sotomayor confirmation hearings. The Journal’s U.S. Supreme Court expert Richard Brust will post highlights from the Senate committee Q&A.

June 25, 2009

Book Review: A Right to Discriminate?: How the Case of Boys Scouts of America v.James Dale Warped the Law of Free Association

by David Badertscher

TITLE: A Right to Discriminate?

SUBTITLE: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association

AUTHOR: Andrew Koppelman with Tobias Barrington Wolff PUBLICATION DATE: July 2009

June 23, 2009

Q&A: How Many Law School Faculty Members Have Kindles

by David Badertscher

Lyonette Louis-Jacques of the D’Angelo Law Library at the University of Chicago has conducted a quick, informal, but very interesting survey asking law school librarians how many of their faculty members use Kindles. As often happens with such surveys, the results or responses reveal more than was originally intended, thus creating interest among readers well beyond the range of the original audience. For this reason I have contacted Lyonette and requested her permission, which she has granted, to republish her questions and responses on this blawg for the benefit of our readers. David Badertscher

LYONETTE’S QUESTIONS:

I asked on Twitter, teknoids and the CSSIS-L lists. I got 21 responses. 6 responders indicated they own Kindles.

June 22, 2009

A Literary Legend Fights for a Local Library

by David Badertscher

By JENNIFER STEINHAUER Published: New York Times June 20, 2009 The new passion of the science fiction writer Ray Bradbury is raising money for California’s libraries. See article at:
http://www.nytimes.com/2009/06/20/us/20ventura.html

June 11, 2009

New York City Bar Report on the Bronx Supreme and Criminal Courts

by David Badertscher

The Association of the Bar of the City of New York (New York City Bar) has just published its Report on the Merger of the Bronx Supreme and Criminal Courts. Commenting on the Report in his June 11, 2009 New York Law Journal article, “City Bar Report Cites ‘Serious Problems’ With Bronx Merger”, Daniel Wise writes: “The merger of Criminal and Supreme courts in the Bronx has created ‘serious problems’ if additional judicial resources are not made available, a report by the New York City Bar Concluded.” In the Report it is recommended that “strong and immediate attempts” need to be taken to handle a growing backlog of felony cases.

The New York City Bar report was prepared by the Committee on Criminal Courts and the Committee on Criminal Justice Operations, both committees of the Association of the Bar of the City of New York and released on June 10, 2009. Below is an excerpt from the Opening Statement and a link to the complete report:

Opening Statement Excerpt:

June 5, 2009

Library of Congress Officials Accused by Senator of Interference

by David Badertscher

According to Ed O’Keefe in a June 5, 2009 Washington Post article, “Library Officials Accused of Interference”, Senator Charles E. Grassley has written a sharply worded letter to the Librarian of Congress , James H. Billington, stating “…Your office attempts to influence and/or control [the Office of Inspector General] appear to be in direct contravention of the principles underlying the creation of the Inspector General”. The article explains that the question is whether top officials at the Library of Congress interfered with investigations conducted by its “independent watchdogs” such as the Office of the Inspector General and whether they have admonished investigators for the tone and focus of their investigations.

For additional information on this topic see our April 30, 2009 posting on this blog which provides additional information and a link to the Marhc 2009 report of the Office of the Inspector General regarding information technology planning at the Library of Congress: Information Technology Strategic Planning: A Well Developed Framework is Essential to Support the Library’s Current and Future Infortation Technology (IT) Needs , Report Number 2008-PA-105 March 2008.

June 5, 2009

ABA Journal Weekly Newsletter. June 5, 2009.

by David Badertscher

Top Ten Stories of the Week ending June 5, 2009:

Law Practice Management

MoFo’s NYC Office Tells Troops: Be Here By 9:30 a.m., Jumping Jacks Optional Jun 2, 2009, 02:53 pm CDT