NCJ Number
30056
Journal
Maryland Law Review Volume: 35 Issue: 2 Dated: (1975) Pages: 267-296
Date Published
1975
Length
30 pages
Annotation
EXAMINATION OF THEORETICAL BASIS AND SCIENTIFIC STATUS OF THE VOICEPRINT TECHNIQUE, DISCUSSION OF THE TECHNIQUE'S LEGAL HISTORY, AND DISCUSSION OF THE PROPER TEST FOR ITS ADMISSION INTO EVIDENCE AND THE PROPER RESULT THEREUNDER.
Abstract
THE ADMISSIBILITY TEST FOR SCIENTIFIC EVIDENCE SET FORTH IN FRYE V. UNITED STATES (1923) - GENERAL ACCEPTANCE BY THE SCIENTIFIC COMMUNITY - IS RECOMMENDED. OTHER TESTS CONSIDERED ARE THE 'EXPERT TESTIMONY APPROACH, WHICH ADMITS ALL RELEVANT EXPERT TESTIMONY ONCE THE PROPER FOUNDATION IS LAID, AND THE APPROACH IN WHICH THE JUDGE MAKES SOME DETERMINATION AS TO RELIABILITY IN DECIDING WHETHER TO ADMIT THE EVIDENCE. THE AUTHOR REJECTS BOTH OF THESE TESTS DUE TO THEIR RELIANCE ON LAY JUDGEMENTS AS TO THE RELIABILITY OF SCIENTIFIC EVIDENCE. THIS NOTE ALSO DISCUSSES THE PROBLEMS CONNECTED WITH DETERMINING WHAT CONSTITUTES 'GENERAL ACCEPTANCE' AND THE POSSIBILITY OF GENERAL SCIENTIFIC ACCEPTANCE OF A GIVEN DEGREE OF RELIABILITY LESS THAN 100 PERCENT. THE AUTHOR POINTS TO THE LACK OF EXPERIMENTATION ON CONSCIOUS DECEPTION AND UNCONTROLLABLE CHANGE (PHYSIOLOGICAL CHANGE AND TIME LAPSE) AND THE UNEXPLAINED ERROR RATE OF THE VOICEPRINT TECHNIQUE TO SUPPORT HIS CONCLUSIONS THAT THE VOICEPRINT TECHNIQUE DOES NOT HAVE THE GENERAL ACCEPTANCE OF THE SCIENTIFIC COMMUNITY AND THAT THERE IS AN INSUFFICIENT RESERVE OF EXPERTS TO ENABLE A PARTY OPPOSING AN IDENTIFICATION TO CHALLENGE IT.