Daily Archives: September 24, 2026

Recommendations for Courts, Laboratories, and Legislatures

Posted on September 24, 2026 by nathanalbright

Abstract The five preceding papers in this series described the structure of foundation testimony, the distinction between corroboration and sequence, the fit between the testimonial line and the risks it addresses, the institutional costs of confrontation, and the gap between … Continue reading →

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The Invisible Witnesses: Public Understanding of Trial Foundation

Posted on September 24, 2026 by nathanalbright

Abstract Most of the witnesses who lay the foundation for forensic evidence are seen by almost no one outside the courtroom. News reports mention the result and the expert who explained it. Documentaries and podcasts compress weeks of testimony into … Continue reading →

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The Institutional Cost of Confrontation

Posted on September 24, 2026 by nathanalbright

Abstract The requirement that forensic analysts testify in person imposes costs on laboratories, courts, prosecutors, defense counsel, and defendants. Analysts spend time away from the bench; trials are scheduled around their availability; departures and retirements create gaps that the law … Continue reading →

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Purpose, Not Reliability? Examining the Testimonial Line

Posted on September 24, 2026 by nathanalbright

Abstract Under current Confrontation Clause doctrine, whether a forensic analyst must testify depends on whether the analyst’s report is testimonial, and whether a report is testimonial depends chiefly on the purpose for which it was made. A laboratory report prepared … Continue reading →

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Corroboration Versus Sequence: Witness Multiplicity as Appearance and Reality

Posted on September 24, 2026 by nathanalbright

Abstract A long witness list suggests to jurors and observers that a fact has been confirmed many times over. That suggestion is often mistaken. This paper distinguishes two structures in which multiple witnesses appear at trial. In corroboration, several witnesses … Continue reading →

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Foundation Load: A Typology of Evidence by Testimonial Burden

Posted on September 24, 2026 by nathanalbright

Abstract Criminal trials vary widely in the number of witnesses required to bring a single forensic result before a jury. A DNA comparison may require a procession of collectors, custodians, technicians, and analysts, while a set of cell phone records … Continue reading →

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