Reed v. Maryland9/6/1978
Stout, supra; gunshot residue tests, State v. Smith, supra; Nalline tests for detection of narcotics use, People v. Williams, supra; ink identification tests, United States v. Bruno, supra; and hypnotism, People v. Busch, supra.
This Court in Shanks v. State, supra, although not citing the Frye case itself, recognized the standard of general scientific acceptance in connection with the admissibility of
blood test evidence. Chief Judge Marbury there pointed out (185 Md. at 440, emphasis supplied):
"In the early cases evidence of the tests was not admitted, because the courts here were not convinced of their general acceptance and reliability. See State v. Damm, 62 S. D. 123, 252 N. W. 7; Beuschel v. Manowitz, 241 App. Div. 888, 272 N. Y. S. 165. Blood tests are now accepted everywhere, scientifically, as accurate, and the courts . . . have generally followed the same view."
Almost every state court that has considered voiceprint evidence in a reported opinion has applied the Frye or a similar standard in determining the question of its admissibility. See Hodo v. Superior Court, 30 Cal.App.3d 778, 784, 106 Cal. Rptr. 547, 550 (1973); People v. Kelly, 17 Cal. 3d 24, 130 Cal. Rptr. 144, 549 P. 2d 1240 (1976); People v. Law, supra; People v. King, 266 Cal.App.2d 437, 72 Cal. Rptr. 478 (1968); Brown v. United States, 384 A.2d 647 (D.C. C.A. 1978); Worley v. State, 263 So. 2d 613, 614 (Fla. App. 1972); Commonwealth v. Lykus, 367 Mass. 191, 327 N.E.2d 671, 678 (1975); People v. Tobey, 401 Mich. 141, 257 N.W.2d 537 (1977); State v. Cary, 99 N.J. Super. 323, 239 A.2d 680, 685 (1968), aff'd, 56 N. J. 16, 264 A.2d 209 (1970); D'Arc v. D'Arc, 157 N.J. Super. 553, 385 A.2d 278 (1978); People v. Rogers, 86 Misc. 2d 868, 385 N.Y.S.2d 228, 237 (1976); State v. Olderman, 44 Ohio App.2d 130, 336 N.E.2d 442, 448 (1975); Commonwealth v. Topa, 471 Pa. 223, 369 A.2d 1277, 1281 (1977). Contra, State ex rel. Trimble v. Hedman, 291 Minn. 442, 192 N.W.2d 432 (1971) (scientific disagreement goes to weight, not admissibility); see also Alea v. State, 265 So. 2d 96 (Dist. Ct. App. Fla. 1972) (issue not discussed).
The Frye test has been subjected to some criticism, primarily on the grounds that it is too conservative and unduly prevents or delays the admission of relevant scientific evidence. United States v. Sample, 378 F. Supp. 44, 53 (E.D. Pa. 1974); McCormick, Evidence § 203, pp. 490-491 (2d ed. 1972); cf. United States v. Baller, 519 F. 2d 463, 466 (4th Cir. 1975), cert. denied, 423 U.S. 1019, 96 S. Ct. 456, 46 L.Ed.2d
391 (1975). There are, however, compelling reasons which justify the Frye principle.
Fairness to a litigant would seem to require that before the results of a scientific process can be used against him, he is entitled to a scientific judgment on the reliability of that process. As stated by Judge McGowan, speaking for the court in United States v. Addison, 498 F. 2d 741, 743-744 (D.C. Cir. 1974):
" he Frye standard retards somewhat the admission of proof based on new methods of scientific investigation by requiring that they attain sufficient currency and status to gain the general acceptance of the relevant scientific community. This is not to say, however, that the Frye standard exacts an unwarranted cost. The requirement of general acceptance in the scientific community assures that those most qualified to assess the general validity of a scientific method will have the determinative voice."
This is an especially significant consideration with regard to those scientific techniques in which highly subjective judgments are based upon the data received from sophisticated mechanica
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