This is a multipart series that will examine the prosecution of controlled substance “analogs” by both the state and federal governments. Part one: The controlling law Part two: What is an analog? The scientific problem Part three: Efforts to define analog Part four: Ohio v. Silmi et al. Judge John J. Russo of the Cuyahoga County Common […]
Federal Analog Prosecution and State Analog Prosecution and Defense: Efforts to define analog
This is a multipart series that will examine the prosecution of controlled substance “analogs” by both the state and federal governments. Part one: The controlling law Part two: What is an analog? The scientific problem Part three: Efforts to define analog Part four: Ohio v. Silmi et al. There are two main efforts that are currently ongoing. […]
Federal Analog Prosecution and State Analog Prosecution and Defense: What is an analog? The scientific problem
This is a multipart series that will examine the prosecution of controlled substance “analogs” by both the state and federal governments. Part one: The controlling law Part two: What is an analog? The scientific problem Part three: Efforts to define analog Part four: Ohio v. Silmi et al. I suppose we could start with the concept that […]
Guest Blog by Prof. David A. Harris: Forensic Labs Should Be Separate from Law Enforcement
When the National Academy of Sciences published its landmark report Strengthening Forensic Science in the United States: A Path Forward in February of 2009, most observers quickly saw that it had the potential to shake the forensic science establishment to its core if its recommendations were followed. Four years on, not enough change has occurred. […]
A Pharmacologist and a DRE
[I am quite sure that this post will attract some response from the DRE community. If you comment, I will print it provided it does not have curse words or is an ad hominem attack with no substantive merit] When those who defend the motorist accused are confronted with a DUID case and where there […]
Thoughts on Business Records Exception and Forensic Science
As lawyers who read this blog are aware, there is an exception to the hearsay rule under Rule 803(6) of the Federal Rules of Evidence (FRE) or a state corollary called the business records exception. This allows in documents into substantive evidence with only the custodian of records or other qualified witness being present to authenticate […]
“Failed Evidence” – A must read for all interested in making our justice system better
One of the recurring themes of this blog is the consistent call for meaningful changes in the criminal justice system. TheTruthAboutForensicScience.com bloggers Justin McShane and Josh Lee having been highlighting areas of the criminal justice system that desperately need change for several years now. We are not the only ones. In the book “Failed Evidence: […]
Federal Analog Prosecution and State Analog Prosecution and Defense: The controlling law
This is a multipart series that will examine the prosecution of controlled substance “analogs” by both the state and federal governments. Part one: The controlling law Part two: What is an analog? The scientific problem Part three: Efforts to define analog Part four: Ohio v. Silmi et al. With the advent into the marketplace the […]
Ethical and non-ethical challenges to expert witnesses
[Editor’s note: One of the non-substantive attacks that certain prosecutor’s use is to try to paint the expert called by the defense as a “hired gun” or a “whore” who will say anything for money. This is a regrettable tactic that has no substantive merit to the case itself and does little to promote the […]
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