CRIMINAL LAW - UNSTIPULATED POLYGRAPH EVIDENCE ADMISSIBLE UNDER CERTAIN CONDITIONS IN CRIMINAL TRIALS. COMMONWEALTH V A JUVENILE (NO. 1), 313 NE2D 120 (MASS. 1974)

• NCJ Number: 19749
• Journal: Catholic University Law Review Volume: 24 Issue: 2 Dated: (WINTER 1975) Pages: 368-375
• Author(s): S P MURPHY
• Date Published: 1975
• Length: 8 pages
• Corporate Author: Catholic University of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF THE STANDARDS REQUIRED BY THE JUVENILE (NO.1) COURT TO LIMIT THE ADMISSION OF POLYGRAPH EVIDENCE AND TO MAINTAIN A CONSISTENT LEVEL OF QUALIFIED EXAMINERS.

Abstract

THE COURT REQUIRED THE TRIAL JUDGE TO GO THROUGH AN EXTENSIVE VOIR DIRE INQUIRY INTO THE POLYGRAPH EXAMINER'S QUALIFICATIONS TO DETERMINE EXAMINER COMPETENCE. INSTEAD OF WRITTEN STIPULATIONS BY THE DEFENSE AND PROSECUTION AGREEING TO ADMISSION OF POLYGRAPH RESULTS, THE COURT REQUIRED ONLY THAT THE INDIVIDUAL DEFENDANT AGREE TO ITS ADMISSION, WHILE GIVING HIM THE SOLE RIGHT TO MOVE TO HAVE A TEST ADMINISTERED. THE REQUIREMENTS ALSO ALLOW THE DEFENDANT MAXIMUM FLEXIBILITY TO EITHER CHOOSE HIS OWN EXAMINER OR TO HAVE THE COMMONWEALTH OR THE COURT SELECT AN EXAMINER FOR HIM. THE AUTHOR CONCLUDES THAT THE LACK OF WRITTEN STIPULATIONS, CORROBORATIVE TESTING, OR OTHER SEVERE RESTRICTIONS, SUCH AS SPECIAL JURY INSTRUCTIONS, GIVES THE DEFENDANT MUCH GREATER LATITUDE IN THE USE OF POLYGRAPH EVIDENCE WHILE THE TRIAL COURT CAN STILL MAINTAIN CONTROL OVER THE QUALITY OF TEST EVIDENCE.