Reed v. Maryland9/6/1978
conformance with the doctrine of logical relevance. That is, scientific evidence could be submitted to the jury upon a showing of reasonable reliability. Based on its determination of the accuracy and reliability of the evidence, the jury would decide the weight to be accorded it. Boyce, Judicial Recognition of Scientific Evidence in Criminal Cases, 8 Utah L. Rev. 313, 325-26 (1963-64); Note, Evolving Methods of Scientific Proof, 13 N.Y.L.F. 67 , 681-85 (196 )." Id. at 362 n. 304.
Gorecki, Comment: Evidentiary Use of the Voice Spectrograph in Criminal Proceedings, 77 Mil. L. Rev. 167, 169 (1977), notes, "Criticism has been leveled at the rigidity of the Frye scientific standard both generally and with respect to its application to the voice spectrograph technique," citing, in addition to Professor Strong's article which we have heretofore quoted, Note, The Voiceprint Technique: A Problem in Scientific Evidence, 18 Wayne L. Rev. 1365, 1383 (1972), and Note, Evolving Methods of Scientific Proof, 13 N.Y.L.F. 679 (1968). Major Gorecki does not list the pages where the criticism is found in the latter publication, but they are 683, 684-85, 747 and 749.
It is suggested by Boyce, Judicial Recognition of Scientific Evidence in Criminal Cases, 8 Utah L. Rev. 313 (1963-64):
"There seems to be little reason why courts should not allow juries to hear both sides of the question of the reliability of a particular form of scientific evidence and decide what, if any, weight it should be accorded, upon, of course, a foundation which shows there is a reasonable possibility of reliability." Id. at 325-26.
Some are of the view that the new Federal Rules of Evidence 702 and 703, governing expert testimony, have adopted the McCormick standard of "assisting the trier of fact" rather than the Frye requirement of "general scientific acceptance." Romero, The Admissibility of Scientific Page 408} Evidence Under the New Mexico and Federal Rules of Evidence, 6 N.M. L. Rev. 187, 197 (1976); Comment, Expert Testimony and Voice Spectrogram Analysis, 1975 Wash. U.L.Q. 775, 782 n. 27 (1975); and Comment, Evidence -- Admission of Voiceprints Does Not Exceed the Discretion of the Trial Judge -- United States v. Franks, 511 F.2d 25 (1975), 44 Cinn. L. Rev. 616, 621 (1975). Without discussing Frye, J. Weinstein and M. Berger, Weinstein's Evidence (1976), states:
"Doubts about whether an expert's testimony will be useful should generally be resolved in favor of admissibility unless there are strong factors such as time or surprise favoring exclusions. The jury is intelligent enough, aided by counsel, to ignore what is unhelpful in its deliberations." Id. at 702-9.
New Federal Rule 901 provides in pertinent part:
"(a) General provision. -- The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
"(b) Illustrations. -- By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:
"(3) Comparison by trier or expert witness. -- Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.
"(5) Voice identification. -- Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker."
Weinstein and Berger, supra, comment:
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