NCJ Number
17731
Journal
New York University Law Review Volume: 48 Issue: 2 Dated: (MAY 1973) Pages: 339-368
Date Published
1973
Length
30 pages
Annotation
EXAMINATION OF POLICY QUESTIONS AND OBJECTIONS WHICH WILL ACCOMPANY THE ADMISSION OF POLYGRAPH EVIDENCE AND THE ISSUES RAISED BY THE MANNER IN WHICH THE TEST IS ADMINISTERED.
Abstract
AN ANALYSIS OF THE ADMISSIBILITY OF POLYGRAPH EVIDENCE CONSIDERS THE RELEVANCE OF POLYGRAPH EVIDENCE, ITS EFFECT ON THE JURY, AND THE LACK OF STANDARDS FOR QUALIFYING POLYGRAPH EXAMINERS AS EXPERTS. ALSO DISCUSSED ARE THE CONSITUTIONAL OBJECTIONS OFFERED TO INVALIDATE ALL USE OF POLYGRAPH EVIDENCE IN CRIMINAL CASES. THE AUTHOR SUGGESTS THAT THE POTENTIAL PROBATIVE VALUE OF POLYGRAPH EVIDENCE OUTWEIGHS POLICIES SUPPORTING TOTAL EXCLUSION, AND THAT THERE ARE NO CONSITUTIONAL OBJECTIONS RAISED BY THE NATURE OF THE EVIDENCE ITSELF WHICH WOULD WARRANT TOTAL EXCLUSION. HE CONCLUDES THAT POLYGRAPH EVIDENCE SHOULD BE PROMISSIBLE IN AT LEAST SOME SITUATIONS, BUT ADVISES STRICT LIMITATIONS ON ITS USE. A DISCUSSION OF MINIMUM STANDARDS FOR ADMISSION OF POLYGRAPH RESULTS CONSIDERS DIFFERENT POLICIES FOR WITNESSES, CRIMINAL, AND CIVIL PARTIES. EXAMINED ARE THE QUESTION OF VOLUNTARINESS AND THE NEED FOR AN INDEPENDENT CHECK ON THE POLYGRAPH EXAMINER (EITHER RETESTING BY A COURT-APPOINTED EXPERT OR A RE-EXAMINATION OF THE POLYGRAM). GENERAL GUIDELINES ARE SUGGESTED FOR DETERMINING WHEN POLYGRAPH EVIDENCE SHOULD BE USED. SEPARATE RULES ARE DELINEATED FOR USE OF A DEFENDANT'S TESTS BY THE DEFENDANT OR BY THE PROSECUTION IN A CRIMINAL CASE; AND THE AUTHOR RECOMMENDS THAT THE USE OF POLYGRAPH EVIDENCE ON WITNESSES BE SEVERELY RESTRICTED.