The Sixth Amendment of the United States Constitution provides that in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial.
Our founding fathers found it important that if you are charged with a crime you have the right to look your accuser in the eye and confront him. In Bullcoming v. New Mexico, 131 S.Ct. 2705, the United States Supreme Court addressed the issue as to whether the confrontation clause allows prosecutors to introduce introduce a forensic lab report containing a testimonial certification, through the testimony of an analyst who did not personally perform or observe the tests reported in the certification.
The court did not allow the testimony, unless the witness who made the statement was unavailable and the defendant had a prior opportunity to confront the witness. It is an important decision as it protects us all in unwanted prosecutions.
The government must bring the accuser.
Science is being used more and more in the courtroom. It is important to hold the government to its burden and force them prove up the tests or analysis that they use in their prosecution, with more than a piece of paper.
If you are someone you know is in need of the services of a Houston defense lawyer for criminal cases, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.