The Duty to Investigate and the Availability of Expert Witnesses

To assess the likelihood that the proposed rule will assure better representation for criminal defendants, this Article proceeds as follows: Part I provides a general review of the effective assistance of counsel standard. Next, Part II focuses on the specific duty of defense counsel to investigate. Part III then examines the constitutional right of indigent criminal defendants to have expert assistance at government expense. Part IV proceeds to examine proposed Rule 707 and argues that it will not accomplish its purpose unless criminal defendants and their counsel have access to expert resources that match those relied upon by the government.

Finally, Part V concludes by asking an overarching question that every judge and indigent defense lawyer ought to ask: Can defense counsel have a fair opportunity to investigate, appropriately assess, and challenge forensic evidence and testimony without the assistance of expert testimony?