Tuli Can't Stop Talking

These are just my thoughts on contemporary issues and an attempt to open up a dialogue.

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Location: New York City

A citizen who cares deeply about the United States Constitution and the Rule of Law.

Friday, June 26, 2009

Lab Analysts Must Testify

The sixth Amendment may rule after all as the SCOTUS ruled in Melendez-Diaz v. Massachusetts 07-591.

“The court’s holding,” Justice Kennedy wrote, “is a windfall to defendants, one that is unjustified by a demonstrated deficiency in trials, any well-understood historical requirement, or any established constitutional precedent.”

Yes, and the last thing that we can have in a “Justice System” where you are presumed innocent until proven guilty is a “windfall to defendants.” So Justice Kennedy, the usual favorite procedural efficiency argument is the wasting of the judicial system’s resources. That argument lost this time when it comes to a defendant’s right to meaningful confrontation of the evidence presented to the jury.

Oh, and what a weird group of folks: Scalia, Stevens, Souter, Thomas (concurring), Ginsberg, w/ Kennedy, Roberts, Breyer and Alito dissenting.


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