NCJ Number
141700
Journal
Criminal Law Bulletin Volume: 29 Issue: 2 Dated: (March-April 1993) Pages: 158-167
Date Published
1993
Length
10 pages
Annotation
This analysis of the hearsay rule in arguments regarding the admissibility of scientific evidence concludes that the hearsay rule need not preclude effective advocacy at hearings involving the Frye test relating to whether a theory or technique has attained a certain degree of acceptance or popularity within the pertinent scientific specialty.
Abstract
This issue arose after the National Academy of Sciences in 1992 issued a report critical of the methods used by DNA laboratories to compute the probability of a random match in DNA markers. Citing this report, some courts have excluded or criticized computations by DNA experts. Because a technical article or text is an assertive, out-of-court statement, it arguably constitutes hearsay evidence. Thus, an opposing attorney might object on the grounds that the judge's consideration of the document would void the hearsay rule. However, to some extent, the hearsay rule must give way at a Frye hearing, because each generation of experts builds on prior research by other experts. Given the nature of the Frye test, attorneys litigating a Frye hearing must be able to introduce texts and articles addressing the questions of the validity and acceptance of the scientific theory or technique. Footnotes