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Prosecution-side expert testimony



Another thought relevant to yesterday's question of whether the Georgia legislature did the right thing by encouraging super-permissive standards for admitting scientific evidence prosecutors wish to introduce in criminal proceedings:

The rules of evidence are primarily statutory or common law. Nonetheless, constitutional rights are involved, such as the rights to a public trial, to know the evidence against you, and to confront your accusers. There is also a right, which probably rises to constitutional stature, to be convicted only on the basis of competent evidence. For example, if a state decided to start sending people to jail on the basis of testimony from the Psychic Friends Network, one would hope such efforts would fail on constitutional grounds.

-- James V. DeLong, "The New 'Criminal' Classes: Legal Sanctions and Business Managers", originally published in 1997 and reprinted as part of Go Directly To Jail: The Criminalization of Almost Everything, edited by Gene Healy and published earlier this year by the Cato Institute.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.