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

Siting Power Plants: Recent Experience in California and Best Practices in Other States

Compares California's power plant siting with results in other states. Includes interviews with California state agency representatives, developers and process mediators. Part of a series of research reports that examines energy issues facing California

Roughening and preroughening in the six vertex model with an extended range of interaction

We study the phase diagram of the BCSOS model with an extended interaction range using transfer matrix techniques, pertaining to the (100) surface of single component fcc and bcc crystals. The model shows a 2x2 reconstructed phase and a disordered flat phase. The deconstruction transition between these phases merges with a Kosterlitz-Thouless line, showing an interplay of Ising and Gaussian degrees of freedom. As in studies of the fully frustrated XY model, exponents deviating from Ising are found. We conjecture that tri-critical Ising behavior may be a possible explanation for the non-Ising exponents found in those models.Comment: 25 pages in RevTeX 3.0, seven uuencoded postscript figures, REPLACED because of submission error (figures were not included

Is surface melting a surface phase transition?

Monte Carlo or Molecular Dynamics calculations of surfaces of Lennard-Jones systems often indicate, apart from a gradual disordering of the surface called surface melting, the presence of a phase transition at the surface, but cannot determine the nature of the transition. In the present paper, we provide for a link between the continuous Lennard-Jones system and a lattice model. We apply the method for the (001) surface of a Lennard-Jones fcc structure pertaining to Argon. The corresponding lattice model is a Body Centered Solid on Solid model with an extended range of interaction, showing in principle rough, flat and disordered flat phases. We observe that entropy effects considerably lower the strength of the effective couplings between the atoms. The Argon (001) face is shown to exhibit a phase transition at T=70.5 +- 0.5 K, and we identify this transition as roughening. The roughening temperature is in good correspondence with experimental results for Argon.Comment: 17 pages REVTeX, 14 uuencoded postscript figures appende

Assessing the ability of the 14C projection-age method to constrain the circulation of the past in a 3-D ocean model

Radiocarbon differences between benthic and planktonic foraminifera (B-P ages) and radiocarbon projection ages are both used to determine changes of the past ocean circulation rate. A global 3-D ocean circulation model with a constant modern ocean circulation is used to study which method is less influenced by atmospheric Δ14C variations. Three factors cause uncertainties: first, the long equilibration time of the ocean after atmospheric Δ14C changes; second, different mixing processes in the ocean, which cause an ocean response of smaller amplitude than the atmospheric forcing; and third, the unknown source region and corresponding initial surface 14C reservoir age of subsurface waters. The model suggests that B-P ages and projection ages have lower uncertainties the closer they are to deepwater formation zones. In the North Atlantic the B-P age method is less influenced by atmospheric Δ14C variations than the projection-age method. Projections ages vary less in the Pacific as long as atmospheric Δ14C decreases linearly. A more irregular atmospheric Δ14C evolution leads to age variations of similar magnitude with both methods. On the basis of the model experiment, we suggest a potential improvement of the projection-age method

Hyperfine Quenching of the 4s4p3P04s4p ^{3}P_{0} Level in Zn-like Ions

In this paper, we used the multiconfiguration Dirac-Fock method to compute with high precision the influence of the hyperfine interaction on the $[Ar]3d^{10} 4s4p ^3P_0$ level lifetime in Zn-like ions for stable and some quasi-stable isotopes of nonzero nuclear spin between Z=30 and Z=92. The influence of this interaction on the $[Ar]3d^{10} 4s4p ^3P_1 - [Ar]3d^{10} 4s4p ^3P_0$ separation energy is also calculated for the same ions