NCJ Number
131370
Journal
Polygraph Volume: 20 Issue: 2 Dated: (1991) Pages: 80-107
Date Published
1991
Length
28 pages
Annotation
Military courts have significantly changed the standard for the admissibility of scientific evidence in recent years; the general acceptance standard has been replaced by the relevancy standard.
Abstract
The general acceptance standard required that the scientific principle and technique involved in the creation of a certain piece of evidence be generally accepted by the scientific field to which the principle belonged. This standard was used from 1923 to the mid-1980's and based on an appellate court in Frye v. United States. Over time this standard received increasing scrutiny. As a result, some Federal courts and the military courts have recently adopted the relevancy approach which appears to be far less restrictive, although the Court of Military Appeals has not specified clear, quantifiable standards for its application. Military Rules of Evidence 401, 402, and 702 focus on factors related to relevancy. These include the qualifications of the witness, the link between the evidence and the fact at issue, the validity of the technique used to generate the evidence, the probative value of the evidence, and the extent to which its admission will overwhelm, confuse, or mislead the jury. The standard will probably become clearer as it receives further critical attention. 156 reference notes