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Reed v. Maryland9/6/1978
e scientific evidence is offered by admitted experts, there is a tendency by the jury to be overwhelmed by the conclusiveness of the scientific proof and be misled into attaching greater significance to this evidence than the scientist intended. In order that scientific proof may maintain its rightful position as conclusive evidence where it is conclusive on the issue, it would be best for courts not to admit such evidence to show a mere possibility (except when called for in answer to an explanation of accused) until the time when jurors (laymen) are sufficiently educated in the principles of logic and sufficiently trained in emotional control to comprehend the true value of such evidence and infer no greater significance than it logically deserves." 37 J. Crim. L. & C. 300, 303 (1947) (emphasis in original) (footnote omitted).
This emotional assessment of jurors as being incapable of understanding scientific testimony comports with the standard arguments offered by those who oppose the admissibility of any new scientific process. This Court foresaw such criticism in Shanks. It disposed of the argument by saying, "We see no valid objection in the idea that the jury (or the Court in this case) might attach too much importance to the scientific evidence, and might regard it as positive proof. . . . Judges and juries must be presumed to have average intelligence at least, and no assumption to the contrary can be made for the purpose of excluding otherwise admissible testimony." 185 Md. at 448-49.
Although blood typing processes have been relatively noncontroversial, the case of Groulx v. Groulx, 98 N. H. 481, 103 A.2d 188 (1954), considered the admissibility of a new test for paternity based on the "S factor" in blood. The court said:
"Paternity of the plaintiff was excluded by Dr. Allen's report because of the genetic rule that a child cannot have the S factor in its blood cells unless S is also present in the blood cells of at least one of the parents. The report conceded that the genetic data
was much greater in the blood groups A-B-O, M-N and Rh but gave two reasons which were said to counterbalance the paucity of family studies." Id. at 484.
"After Dr. Allen's report was received by the court, Dr. A. S. Wiener of New York, a leading authority in blood grouping tests, wrote Dr. Allen that his conclusions as to exclusion of paternity based on the S factor alone were 'too strongly worded.' Thereupon Dr. Allen modified his original opinion in some details . . . but reaffirmed his essential conclusion . . . ." Id. at 484-85.
The New Hampshire Supreme Court pointed out:
" t may be noted that scientific and medical evidence from qualified experts is generally accepted in this jurisdiction in both criminal and civil cases. [Citing cases.] Whatever defects there may be in this trend it at least avoids the common criticism made elsewhere that '. . . trial courts have tended to lag far behind' in utilizing probative methods developed by medicine and science. Maguire, Evidence, Common Sense and Common Law (1947) 30." Id. at 483-84.
The court found no error in admitting the testimony:
"We conclude that the blood grouping tests in this case were entitled to evidentiary weight even though they do not have the benefit of the full genetic data that is available in the more common blood groups such as A-B-O, M-N and Rh-Hr. See Andresen, The Human Blood Groups (1952) 43. In this respect the blood grouping tests were like other expert opinion evidence and entitled to such weight as the Trial Court wished to give them. See Ricard v. Insurance Co., 87 N.H. 31, 36." Id. at 485.
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