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Business Crimes Bulletin

February 2010

Confronting the Forensic Facts

How an Expansion of the Confrontation Clause Creates New Opportunities and Obligations for Challenging Electronic Evidence

By Marjorie J. Peerce and Elizabeth S. Weinstein

A pair of recent Supreme Court cases built upon the Sixth Amendment’s Confrontation Clause, Crawford v. Washington and Melendez-Diaz v. Massachusetts, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government

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