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Reed v. Maryland9/6/1978
be diminished if in fact certain safeguards and cautions were employed forensically which were not employed by him in testing.
"Now Dr. Tosi says that not only scientific logic, but common sense dictates that if these added safeguards are cranked into the system, that the error of 2.4 percent false identification will be even more significantly diminished. Dr. Tosi himself has
examined some 80,000 spectrograms. He testified that there is general acceptance of this technique among the scientists actually working in the field or genuinely familiar with the field. He recounted the names of those that he considers so qualified and says that 15 or 16 of these approved, and he named them, and he named some three or five that opposed. He noted that those who opposed have commented on the possible effect as yet not totally known of poor recordings, noise distortion, psychological factors such as the emotions of the speaker, stress of the speaker, physical makeup of the speaker, the time lag between the samples, the effects of intentionally disguising one's voice, and with regard to all of these factors, some of which he has studied to some extent, but as to most of which he agrees further studies are in order, that the most that these elements could do would be to increase the possible error of false elimination and would not increase the error of false identification. He said if you have a poor recording with a lot of noise, your examiner is going to opt for no opinion because it is just not good enough to allow him to express an opinion. If stress or other emotions cause a change in the voice pitch, it is going to make it more difficult, therefore, to be a finding of a match. So you may have a false elimination. It is the same with time lag, which might cause a change in the voice, and the effect of disguising the voice would be to increase the chance of error of false elimination, but not to increase, in his opinion, the error of false identification.
"Dr. Tosi said that the acceptability for identification in court should not be less than 10 matching words, and Sergeant Smrkovski agrees with him in this regard."
The next expert presented by the State was Dr. Leendert Peter Christian Jansen from South Africa, a new character in court controversies concerning this technique, who holds a master's degree in physics and electrical engineering. His thesis was written entirely on speaker identification. Judge McAuliffe observed relative to him:
"Dr. Jansen is currently working and has been working under a grant in South Africa on speaker identification research. He, like Dr. Tosi, and indeed like many of the scientists in his field, was originally skeptical and then after he had done some studies and felt that there was an 80 to 90 percent accuracy, he concluded that this was not good enough for courtroom use in his opinion. He took several trips to the United States, visited a number of scientists, looked around, read the literature, and, on his first visit here in connection with his voice identification process, he reported that growing numbers of American courts were accepting the process and more work was being done. This gave rise to a more intensive studies program being initiated in South Africa, and now [summer of 1975] he is here under intensive training. He says he came with an essentially open mind, although somewhat skeptical. But having studied intensively here and having gotten into the real workings of voice identification with the aid of spectrograms he now believes that if the examiner uses sufficient care and has sufficient training, he can make positive identifications.
"Dr. Jansen is impressed particularly by the availability
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