Section 13.36 Expert Testimony and Scientific Evidence

• Library: Sources of Proof (2014 Ed.)

Scientific specialization and technology continue to advance rapidly. The continuing introduction of new technologies has given rise to new ways of examining physical evidence. Not surprisingly, these new technologies require expert testimony. In addition, advocates have attempted to apply the scientific method or new technologies to old questions, such as the veracity of witnesses and the reliability of perception.

The identification of a voice is a proper subject for lay testimony. State v. Smith, 498 S.W.2d 595 (Mo. App. S.D. 1973). When “voiceprints” are involved, a properly qualified expert may testify. See generally Michele Meyer McCarthy, Annotation, Admissibility and Weight of Voice Spectograph Analysis Evidence, 95 A.L.R. 5TH 471 (2002).

Various other types of scientific evidence have been allowed in Missouri cases. Generally, these types of scientific evidence will require expert testimony. Examples include:

· Restriction Fragment Length Polymorphism method of DNA analysis, State v. Davis, 814 S.W.2d 593 (Mo. banc 1991);

· Polymerase Chain Reaction method of DNA analysis, State v. Brown, 949 S.W.2d 639, 641 (Mo. App. E.D. 1997); State v. Hoff, 904 S.W.2d 56, 59 (Mo. App. S.D. 1995); State v.

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