A Game of \u3cem\u3eKatso\u3c/em\u3e and Mouse: Current Theories for Getting Forensic Analysis Evidence Past the Confrontation Clause

The Sixth Amendment’s Confrontation Clause ensures that an “accused” in a “criminal prosecution[]” has the right “to be confronted with the witnesses against him [.]” Although perhaps a simple concept, defining the scope of confrontation rights has proved extremely difficult. The law has had particular difficulty scoping confrontation rights in forensic analysis cases, such as those where the prosecution seeks to utilize a laboratory report of DNA, blood alcohol content, narcotics, or other “CSI” type analysis. In this connection, Justice Gorsuch recently authored an opinion dissenting from denial of certiorari in Stuart v. Alabama, in which he recognized the “decisive role” of forensic evidence in modern criminal trials, but decried the lack of clarity in this area of law. The purpose of this Article is to analyze modern Confrontation Clause and forensic analysis jurisprudence, and to present six theories or gateways through which to argue that forensic analysis evidence is admissible consistent with the Clause. The theories presented in this Article are not intended to be employed individually, but rather combined to diminish the possibility that the Confrontation Clause will necessitate exclusion. To aid in the presentation of these theories, the Article will discuss the recent illustrative cases of U.S. v. Katso and Stuart v. Alabama, and explore how local stakeholders might utilize Katso-like reasoning to support their positions

Confronting Memory Loss

The Confrontation Clause of the Sixth Amendment grants “the accused” in “all criminal prosecutions” a right “to be confronted with the witnesses against him.” A particular problem occurs when there is a gap in time between the testimony that is offered, and the cross-examination of it, as where, pursuant to a hearsay exception or exemption, evidence of a current witness’s prior statement is offered and for some intervening reason her current memory is impaired. Does this fatally affect the opportunity to “confront” the witness? The Supreme Court has, to date, left unclear the extent to which a memory-impaired witness can afford a criminal defendant her right to confront. Would, for instance, it be of any value to permit a defendant the opportunity to cross-examine a witness claiming no recollection of having seen the crime or identified the defendant as the perpetrator? Should the right to confront simply imply the ability to look one’s accuser in the eye at trial or should it necessitate some degree of opportunity for substantive cross-examination? Two petitions denied certiorari by the Supreme Court in December 2019—White v. Louisiana and Tapia v. New York—could have permitted the Court to clarify confrontation rights in memory loss cases. The purpose of this Article is to identify and discuss eight key issues arising in connection with memory impairment in Confrontation Clause witnesses. Although the Court chose not to put these issues to bed in the context of White or Tapia, these are the issues we anticipate federal and state courts will be called upon to answer in the coming years, and we suspect the Supreme Court will eventually need to answer them

tert-Butyl 5-methoxy-3-pentylindole-1-carboxylate

he molecule of the title compound, C₁₉H₂₇NO₃, is essentially planar, with all non-H atoms within 0.2 Å of the nine-membered indole plane, except for the three tert-butyl C atoms. The C₅ pentyl chain is in an extended conformation, with three torsion angles of 179.95 (13), 179.65 (13) and -178.95 (15)° (the latter two angles include the C atoms of the C5 chain only). Three intramolecular C-H...O=C contacts are present (C...O 115°), and an intermolecular C-H...O=C contact and π-π stacking complete the intermolecular interactions

The effects of option hedging on the costs of domestic price stabilization schemes

Casual observation leads to the conclusion that stabilization funds tend to be short-lived. While it may be that some funds have failed due to poor management or unwarranted political interventions, the stochastic components of commodity prices can generate insurmountable difficulties for even the most expert managers. Price-band schemes contain an element of information feed-back and offer transparent rules -- attributes which make such schemes preferable to many alternative mechanisms -- but the benefits to producers tend to be, on average, quite small. Similar average benefits can be generated with very small import taxes or producer subsidies. Nevertheless, such schemes can have large single-year effects. The simulation results demonstrate that, if adopted, such funds should be hedged unless the government is not at all adverse to the fund's financial failure. Still, hedged or unhedged, such funds will, with eventual certainty, generate large levels of debt as a statistically"rare"sequence of events must eventually occur. By hedging, the funds are more likely to survive in the short-run.Environmental Economics&Policies,Access to Markets,Markets and Market Access,Economic Theory&Research,Insurance&Risk Mitigation

Qualitative study of pilot payment aimed at increasing general practitioners' antismoking advice to smokers

OBJECTIVES: To elicit general practitioners' and practice nurses' accounts of changes in their clinical practice or practice organisation made to claim a pilot health promotion payment. To describe attitudes towards the piloted and previous health promotion payments. DESIGN: Qualitative, semistructured interview study. SETTING: 13 general practices in Leicester. PARTICIPANTS: 18 general practitioners and 13 practice nurses. RESULTS: Health professionals did not report substantially changing their clinical practice to claim the new payments and made only minimal changes in practice organisation. The new health promotion payment did not overcome general practitioners' resistance towards raising the issue of smoking when they felt that doing so could cause confrontation with patients. General practitioners who made the largest number of claims altered the way in which they recorded patients' smoking status rather than raising the topic of smoking more frequently with patients. Participants had strong negative views on die new payment, feeling it would also be viewed negatively by patients. They were, however, more positive about health promotion payments that rewarded "extra" effort-for example, setting up practice based smoking cessation clinics. CONCLUSIONS: General practitioners and practice nurses were negative about a new health promotion payment, despite agreeing to pilot it. Health promotion payments do not automatically generate effective health promotion activity, and policymakers should consider careful piloting and evaluation of future changes in health promotion payments

Inversion of polarimetric data from eclipsing binaries

We describe a method for determining the limb polarization and limb darkening of stars in eclipsing binary systems, by inverting photometric and polarimetric light curves. Because of the ill-conditioning of the problem, we use the Backus-Gilbert method to control the resolution and stability of the recovered solution, and to make quantitative estimates of the maximum accuracy possible. Using this method we confirm that the limb polarization can indeed be recovered, and demonstrate this with simulated data, thus determining the level of observational accuracy required to achieve a given accuracy of reconstruction. This allows us to set out an optimal observational strategy, and to critcally assess the claimed detection of limb polarization in the Algol system. The use of polarization in stars has been proposed as a diagnostic tool in microlensing surveys by Simmons et al. (1995), and we discuss the extension of this work to the case of microlensing of extended sources.Comment: 10pp, 5 figures. To appear in A&

Commutating brushes tested in dc motors in dry argon atmospheres

Test apparatus, procedures, and results are given for dc-motor brushes operating in dry argon. Minimum concentrations of argon impurities are also determined