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Reed v. Maryland9/6/1978
der certain laboratory conditions and for some selected sample of the population, the probability of making an error in identification can be stated. But for the less-than-ideal conditions encountered in
forensic situations, the indications are that the probability of error will increase substantially. Further studies are needed, with particular attention to the examiner's decision criteria, the selection of speaker population, the time lapse between voice samples, background-noise conditions, and the psychological condition of the speaker.
"As scientists rather than lawyers, we offer no judgment as to whether or to what extent speech spectrograms should be used for identification in the courts. We wish only to point out that present methods for such use lack an adequate scientific basis for estimating reliability in many practical situations and that laboratory evaluations of these methods show increasing errors as the conditions for evaluation move toward real-life situations. We hope that our explanations of some of the factors that affect speaker identification will provide the legal profession with helpful information on which to base its own judgments concerning the admissibility of the spectrographic method."
The testimony in the instant case indicates that the fundamental division in the scientific community reflected in these articles has continued without substantial abatement. On direct examination of Dr. Tosi, he acknowledged the division in the scientific community concerning the validity of the voiceprint process:
"Q. How many experts within the field of sound spectrography that have used that process for voice identification oppose that process, who have done actual work in that field?
" A. In addition to the six authorities of Bolt, et al., and none of them worked in voice identification, Stevens had some nine years ago a small experiment. There are three others that oppose it that have done some work -- not too much. Some of them have no professional basis. Let's say five of them, to the best of my knowledge.
"Q. How many of the experts within the field of sound spectrography for voice identification are in favor of that process?
"A. At least -- I can give the names of at least 15, and among them very prominent scientists."
Later, asked about the division of experts, excluding those professionally engaged in the field of voice identification, Tosi testified:
"A. Okay, five were opposed from this reduced group of persons that I said at least have published or done something but were not professionally engaged in the field. I say it is a rough number. Persons that I know of that have done some experimentation or have published, I said less than ten; five opposed -- four or five are in favor. . . .
"Q. You are not including Dr. Bolt and his group, are you?
"A. No, I am not."
Additional expert witnesses who testified for the State, in the instant case, were Sgt. Smrkovski, Dr. Peter Jansen and Dr. John A. McClung. Their testimony was consistent with
that of Dr. Tosi in acknowledging the division in the scientific community.
Dr. Donald Baker, an expert witness called by the defense, testified that spectrography was neither a reliable process nor generally accepted within the scientific community. Dr. Baker cited two samplings of opinion of the scientific community, both of which had been unfavorable toward the validity of the process. The first was a meeting in which the members of the Speech Communications Section of the Acoustical Society of America voted 42-0 against the efficacy of the procedure. The
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