JUDICIAL ACCEPTANCE OF HAIR TESTS FOR SUBSTANCES OF ABUSE IN THE UNITED-STATES COURTS - SCIENTIFIC, FORENSIC, AND ETHICAL ASPECTS

Changes in the acceptance of hair test results in the United States co urts have resulted from two factors: the rapidly evolving scientific u nderstanding of hair test data; and modification of the admissibility standards for forensic evidence in United States courts. The scientifi c, forensic, and ethical aspects of drug testing in hair impact the ac ceptance of hair test results. Our knowledge and experience with this new analytical technology have been developing rapidly, although there are many unanswered questions that influence acceptance of data. A co nsequence of the recent U.S. Supreme Court decision to have the Federa l Rules of Evidence take precedence over the Frye standard in the admi ssibility of scientific evidence has enabled judges to determine if ev idence will assist in obtaining a fuller understanding of a given case . A summation of the scientific, forensic, and ethical aspects of judi cial acceptance of hair test results may be: If hair test results are positive, have we proven beyond a reasonable doubt and/or demonstrated that the preponderance of evidence supports a finding of drug use? In general, recent court decisions indicate that hair test results provi de information that the courts should consider. However, unresolved sc ientific, forensic, and ethical issues may have a greater effect on th e weight applied to hair test evidence rather than its admissibility i n future court proceedings.