Confronting Forensic Pathologists

Abstract

Background: The Sixth Amendment Confrontation Clause gives defendants a right to confront their accusers. Method: U.S. Supreme Court cases that interpreted this right as applied to forensic scientists were reviewed. Results: Melendez-Diaz, Bullcoming, and Williams examined constitutional rights to confront forensic scientists. Lower courts have specifically examined their application to forensic pathology. Whether autopsy reports are considered “testimonial” varies among jurisdictions and has not been definitively settled. Defendants are generally able to compel testimony of forensic pathologists. Where the forensic pathologist is truly unavailable, the surrogate expert should be in a position to render an independent opinion.