Reed v. Maryland9/6/1978
, and the admission into evidence of Lieutenant Nash's identifications in Trimble and Raymond demonstrates growing judicial acceptance. However, we need not decide at this time whether results of voiceprint analysis will be routinely admissible at trial. The narrow issue before us is whether the defendants should be compelled to speak for the voiceprint test. The significant scientific experiments and recent judicial acceptance of the voiceprint method since Cary convince us that the support for this method now rests on considerably more than the word of a single man. In light of the developments since Cary, we believe that
it is no longer unreasonable to order these defendants to speak for purposes of this test." Id. at 551, 296 A.2d at 648.
Eliminating from the equation opinions which were reversed (e.g., United States v. Raymond, 337 F. Supp. 641 (D.D.C. 1972), rev'd sub nom. Addison, 498 F. 2d 741) or overruled (e.g., appellate court opinions in California supplanted by the holdings of the Supreme Court of California in Kelly, 17 Cal. 3d 24), there are substantially more reported opinions admitting such testimony than there are rejecting it. See United States v. Jenkins, 525 F. 2d 819 (6th Cir. 1975); United States v. Baller, 519 F. 2d 463 (4th Cir.), cert. denied, 423 U.S. 1019 (1975); United States v. Franks, 511 F. 2d 25 (6th Cir.), cert. denied, 422 U.S. 1042 (1975); United States v. Williams, 443 F. Supp. 269 (S.D. N.Y. 1977); United States v. Sample, 378 F. Supp. 44 (E.D. Pa. 1974); Alea v. State, 265 So. 2d 96 (Fla. App. 1972); Worley v. State, 263 So. 2d 613 (Fla.App. 1972); State v. Williams, 388 A.2d 500 (Me. 1978); Commonwealth v. Vitello, 367 Mass. 224, 327 N.E.2d 819 (1975); Commonwealth v. Lykus, 367 Mass. 191, 327 N.E.2d 671 (1975); State ex rel. Trimble v. Hedman, 291 Minn. 442, 192 N.W.2d 432 (1971); People v. Evans, 90 Misc. 2d 195, 393 N.Y.S.2d 674 (Sup. Ct. 1977); People v. Rogers, 86 Misc. 2d 868, 385 N.Y.S.2d 228 (Sup. Ct. 1976); and State v. Olderman, 44 Ohio App.2d 130, 336 N.E.2d 442 (1975), all of which approve admission. See also Annot., 49 A.L.R.3d 915 (1973); likewise see the full discussion of this technique in 19 Am. Jur. Proof of Facts 423-41 (1967), and the supplements thereto. Greene, Voiceprint Identification: The Case in Favor of Admissibility, 13 Am. Crim. L.R. 171, 184-85 (1975), states, "Fourteen of 15 United States District Court judges who have ruled on the issue of admissibility have accepted voiceprint evidence, while all but two of the 37 state tribunals which have reached the issue have held such evidence admissible. The single Canadian court which has been presented with the issue has also found in favor of admissibility of voice prints."
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Page 461} Jenkins, 525 F. 2d 819, relied upon Franks, 511 F. 2d 25, which had been decided earlier that year by the same court. In Franks the Sixth Circuit court said:
"Although we, of course, are aware of the differences of judicial and scientific opinion concerning the use of voiceprints, we also are mindful of 'a considerable area of discretion on the part of the trial judge in admitting or refusing to admit' evidence based on scientific processes. United States v. Stifel, 433 F.2d 431, 437 (6th Cir. 1970), cert. denied, 401 U.S. 994, 91 S.Ct. 1232, 28 L.Ed.2d 531 (1971).
' either newness nor lack of absolute certainty in a test suffices to render it inadmissible in court. Every useful new development must have its first day in court. And court records are full of the conflicting opinions of doctors, engineers and accountants . . . .' 433 F.2d at 438.
Moreover, Stifel recognized that those opposing the admissibility of scientific tes
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