Will History Be Servitude?: The NAS Report on Forensic Science and the Role of the Judiciary

With other scholars, I have previously argued that because judges apparently were unwilling to exclude prosecutorial forensic evidence, perhaps judges could follow the “middle way” by limiting, if not excluding, the testimony. My suggestion (and that of others) is primarily to let the expert testify about points of comparison, without giving a conclusion to the jury. This approach does not resolve the problems identified in the report; but it possibly cures the worst problems with individualization evidence.