I have a brief editorial and then this week’s lineup of news links.

For most of us, a defendant’s “right to a fair trial” is a sacrosanct right “arising” from the US Constitution’s 6th Amendment (i.e. the Bill of Rights). It has been modified from the original Framers’ version to include such things as legal representation in criminal matters (Gideon v. Wainwright), discovery of material evidence to be used in any judicial proceedings, Brady, etc. These principles also extends to administrative proceedings using a “fair process” determination. What about this “fair trial” concept when outmoded and improperly tested forensic “science” is used to prosecute which leads to a conviction?” Another way to put it, “Is there a Constitutional right for a defendant to be protected from unvalidated forensics at trial?”

Barry Scheck of the New York Innocence Project speaks on much the same audit topic regarding Prosecutors. How about forensic science?…