The Reinvigorated Confrontation Clause: A New Basis to Challenge the Admission of Evidence

From Nontestifying Forensic Experts In White Collar Prosecutions

In white and blue collar cases, prosecutors sometimes seek to admit evidence from nontestifying forensic experts through surrogate witnesses and documents in order to prevent defense attorneys from cross-examining the experts. The authors provide practical suggestions on how white collar practitioners may rely on the reinvigorated Confrontation Clause to preclude the admission of forensic evidence of nontestifying witnesses at trial.