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Reed v. Maryland9/6/1978
e prerogative of the jury as fact-finder: to decide the credibility of witnesses. The admissibility of lie detector evidence therefore poses the serious danger that a mechanical device, rather than the judgment of the jury, will decide credibility." Id. at 502 (footnote omitted).
The court in Alexander went on to distinguish other scientific evidence, including spectrographic analysis:
"It may be argued that all forms of scientific evidence may have a substantial effect upon jurors and may tend to invade the factfinding province of the jury; thus, polygraph evidence is not objectionable on this basis. However, polygraph evidence is distinguishable from other types of scientific evidence in that its scope is much broader. Scientific evidence based on ballistic analysis, fingerprint comparison, handwriting analysis, voiceprint or spectrographic analysis, and neutron activation analysis is elicited solely for the purpose of identifying either an individual or an object allegedly involved in the perpetration of a criminal act. n.16 ["These various types of scientific evidence have been stated to be further distinguishable from polygraph evidence since they 'are much more susceptible to controlled experimental verification.' United States v. Wilson, [361 F. Supp. 510, 513 (D. Md. 1973)]. Some have concluded that testimony bearing on the identification of individuals or their psychiatric condition should be admitted despite its disadvantages because it is indispensable to the trial process. In contrast, polygraph evidence is not necessary since the jury is capable of performing the function served by the polygraph. United States v. Wilson, supra at 514; cf. United States v. Brown, 149 U.S.App.D.C. 43, 461 F.2d 134, 145-46 n. 1 (1971) (Bazelon, C. J., dissenting)," Id. at 169.] These scientific tests do not purport to indicate with any degree of conclusiveness that the defendant who is so identified or connected with the object actually committed the crime. The jury, after receiving such expert testimony, has the additional responsibility of reviewing other facts which tend to prove or disprove defendant's connection with the crime and, if participation is shown, the jury may further be required to ascertain the defendant's mental state at the time of the crime in appropriate cases."
It may be that, for the reasons given in Alexander, it is proper to treat evidence based on the polygraph differently from other scientific evidence. The distinction as to physical vs. psychological phenomena is clearly applicable to spectrographic voice analysis. The polygraph does not record "lies," but only records physiological responses such as blood pressure and respiration. The spectrograph, on the other hand, produces a graphic representation of the voice, and there is no dispute that this chart is an accurate "recording" of the voice as broken down into three components. Additionally, in the case of the spectrograph, the juror is able to use his own senses to evaluate the conclusion of the expert.
g. Summary
The distinctions noted in Alexander and Williams would seem to account for the position of Professor Irving Younger, who has stated, "Yes, bring on the radar, the spectrogram voice identification, and the neutron activation analysis to show us what happened. Yet when it is time to decide what is right, what is decent, what is just, I want no machine buzzing 'the truth' at me. . . . Keep the lie detectors out of the courthouse: I'll go with a judge and a jury any day." Younger, On Technology and the Law of Evidence, 49 U. Colo. L. Rev. 1, 7-8 (1977) (footnotes omitted).
Not being subject to the special considerations which apply to the lie detector, other
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