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Legislators Are Asking Whether the Recent Supreme Court Melendez-Diaz Decision Will Hinder Justice
July 13, 2009
Topic: Drug Crimes
Prosecutors are worried that a recent ruling from the U.S. Supreme Court could constrain the criminal justice system and cause some defendants to escape prosecution. As discussed elsewhere on this blog, in a 5-4 ruling in Melendez-Diaz v. Massachusetts, the United States Supreme Court determined that prosecutors are responsible for having crime lab experts on hand for trials so that the defense can challenge their findings. This ruling clashes with Virginia's court practices, which some argue, place the responsibility on the defense attorney to request the analysts' presence.
The Virginia Department of Forensic Science, a state agency, has four crime labs at various locations throughout Virginia. With 160 employees, the labs performed tests for 60,000 criminal cases in 2008. Crime lab workers perform such analysis as DNA and fingerprint tests, gun analysis, Breathalyzer tests in DUI/DWI cases, trace evidence, documents, and tests of suspected drugs in narcotics prosecutions. The problem for the Commonwealth is that requiring the analysts to spend more time in court means less time performing lab work.
In recent weeks, judges, prosecutors and defense attorneys have been trying to determine the scope of the decision. There's widespread concern that many prosecutions around the state will have to be dropped because the delays could cut into a defendant's right to speedy trial. Some are seeking a legislative fix that passes constitutional muster. That is, one that will allow prosecutors to notify the defense in advance that the prosecution doesn't plan to have the analyst at the trial. The defendant would then have to decide whether to waive the right to challenge them.
Virginia Senator Kenneth T. Cuccinelli II, a candidate for Virginia attorney general, called on Governor Timothy M. Kaine to appoint a special session of the General Assembly to come up with a legislative fix.
Some defense lawyers speculate that many of the more minor drug offenses - such as marijuana possession - could fall by the wayside first. Others feel that prosecutors will offer defendants more attractive plea deals, enticing people to plead guilty to crimes so the cases get resolved without a trial.
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