Confronting the Forensic Confirmation Bias

Abstract

The Sixth Amendment Confrontation Clause provides that, "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him."1 At the core of the Confrontation Clause is the need to ensure the accuracy and trustworthiness of witness testimony by requiring wit­ nesses to take the stand and face cross-examination in the course of criminal trials.2 The Supreme Court endorsed this policy of ensuring testimonial accuracy by expanding the conventional meaning of "witness" to encompass analysts who conduct forensic tests for criminal prosecutions.