 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Reed v. Maryland9/6/1978
ts can direct their criticisms toward the weight of such evidence. Applying Stifel, which admitted expert testimony concerning neutron activation analysis, we find that the district court was within its discretion in admitting voiceprint analysis. The district court qualified the expert voiceprint witness only after an extensive 25-page inquiry into his qualifications and the reliability of the scientific process; defense counsel were permitted to cross-examine the witness concerning his purported role as an advocate of the process and some other courts' refusals to admit voiceprint evidence. Moreover, neither Britton nor Mitchell produced a witness rebutting the government's claim that voiceprint analysis is sufficiently accurate to be admissible." Id. at 33 (emphasis added) (footnotes omitted).
In Baller, 519 F. 2d 463, the Fourth Circuit summarized the theories behind spectrographic identification and said, "The scientific principles of the technique have been so exhaustively chronicled that we need only summarize them. See, e.g., Commonwealth v. Lykus, [367 Mass. 191], 327 N.E.2d 621 (1975)." It noted, "A majority of state courts which have considered the question since the Tosi study favor admissibility. Significantly, this group includes New Jersey, which previously had excluded such evidence." In determining that the evidence was admissible the court relied on principles which have been enunciated by this Court many times. After observing that " here are good reasons why not every ostensibly scientific technique should be recognized as the basis for expert testimony," the court said:
"Deciding whether these conditions have been met is normally within the discretion of the trial judge. United States v. Brumley, 466 F.2d 911 (10th Cir. 1972); Fineberg v. United States, 393 F.2d 417 (9th Cir. 1968). Absolute certainty of result or unanimity of scientific opinion is not required for admissibility. '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, to name just a few of the legions of expert witnesses.' United States v. Stifel, 433 F.2d 431, 438 (6th Cir. 1970). Unless an exaggerated popular opinion of the accuracy of a particular technique makes its use prejudicial or likely to mislead the jury, it is better to admit relevant scientific evidence in the same manner as other expert testimony and allow its weight to be attacked by cross-examination and refutation. United States v. Stifel, supra; Coppolino v. State, 223 So.2d 68 (Fla. App. 1968); see McCormick, Evidence § 203 at 490-91 (2d ed. 1972)." Id. at 466.
It noted that "the tapes of Baller's voice exemplars and all of the bomb threats were played so that the jury could make its own aural comparisons," that "the court instructed the
jury that the spectrograms were only a basis for Lt. Nash's opinion and that they could disregard his testimony if they decided that his opinion was not based on adequate education or experience or that his 'professed science of voiceprint identification' was not sufficiently reliable, accurate, and dependable," and that the trial judge "also cautioned the jury that they need not accept [Lt. Nash's] opinion if they believed the reasons supporting it were unsound or if contradictory evidence cast doubt on it." A similar procedure was followed and similar instructions were given in this case.
In United States v. Williams, 443 F. Supp. 269, one of the more recent decisions upon the subject (decided December 20, 1977), the spectrographic analysis sought to be introduced had been conducted by an individual described as "a voice print specialist employed by the U.S.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|