...blood taker as a business record? This is proposed legislation in Maryland today, and I want to know what people think. When a person takes blood and tests it for alcohol, they are following a pretty standard procedure. It is highly unlikely that the test is wrong. But, criminal defendants have a 6th Amendment right to confront the witnesses against them. A new Maryland law would make these tests a business record so that people do not have to testify and the defendant cannot cross-examine these witnesses. Do you think this would pass constitutional muster? Persons with knowledge of hearsay, especially under Ohio v. Roberts versus under Crawford will be especially useful. (Note: this is for entertainment purposes only, and will not influence legislation or any legal case).
Should blood-alcohol tests be admitted as evidence without testimony from the...
- Thread starter The Exile
- Start date