This Article examines the practical and doctrinal implications of this new approach. Part I describes the origins of the NAS Report, including the creation of the committee and the congressional charge. Part II explores the NAS Report recommendations for the forensic fields and the recommendations for future criminal courts. Part III predicts the likely impact of these recommendations on both the forensic community and the courts. Part IV describes the Melendez-Diaz case and places the decision in its appropriate confrontation context. Part V explains how and why the Melendez-Diaz plurality's reliance on the NAS Report reflects an effort to constitutionalize concerns about forensic evidence and experts. Finally, Part VI anticipates the future of Melendez-Diaz by exploring its impact on the lower courts and the likely implications of these new developments for the future of forensic science and law.
Joelle A. Moreno,
C.S.I. Bulls#!t: The National Academy of Sciences, Melendedez-Diaz v. Massachusetts, and Future Challenges to Forensic Science and Forensic Evidence,
, 20 Utah L. Rev. 327
Available at: http://ecollections.law.fiu.edu/faculty_publications/23