NCJ Number
109455
Journal
University of Richmond Law Review Volume: 20 Issue: 2 Dated: (Winter 1986) Pages: 357-378
Date Published
1986
Length
22 pages
Annotation
This article identifies courts' approaches in deciding whether to admit voiceprint evidence, proposes a plan for the admissibility of such evidence, and projects the reception of voiceprint evidence in Virginia courts.
Abstract
A number of courts have applied the Frye test of admissibility of a novel scientific technique or a variant of that standard. Federal courts, which have generally admitted voiceprint evidence, have required that the novel scientific technique be shown to be relevant and reliable. At least one State court has adopted a case-by-case flexible standard derived from the State's rules of evidence. A model for the admission of voiceprint evidence, with accompanying safeguards, can be derived from the Ohio court's discussion and holding. The threshold requirement is that the court apply either a flexible standard based on evidentiary rules governing expert testimony or a modified version of the Frye standard, by which voice spectrography would be admissible if it is accepted as reliable by experts in the field of voice identification. Virginia courts, if provided with proper experts and upon a showing of reliability of the method, should find that voice spectrographic evidence is admissible if it is relevant and will probably aid the trier of fact. 155 footnotes.