NCJ Number
44825
Journal
American Criminal Law Review Volume: 15 Issue: 1 Dated: (SUMMER 1977) Pages: 29-62
Date Published
1977
Length
34 pages
Annotation
TECHNICAL AND LEGAL REASONS FOR EXCLUDING POLYGRAPH RESULTS AS EVIDENCE IN FEDERAL CRIMINAL TRIALS ARE EXAMINED IN LIGHT OF THE APPARENT LIBERALIZATION OF VIEWS AMONG FEDERAL JUDGES REGARDING POLYGRAPH EVIDENCE.
Abstract
WITH RESPECT TO GOVERNMENT-GIVEN POLYGRAPH TESTS, OBJECTIVE PROBLEMS WITH THE POLYGRAPH TECHNIQUE IN GENERAL AND WITH SPECIFIC EXAMINATIONS IN PARTICULAR BRING INTO QUESTION ACCURACY ESTIMATES CITED BY POLYGRAPH EXAMINERS. SUBJECTIVE ELEMENTS OF THE POLYGRAPH TECHNIQUE, SUCH AS THE ROLE OF THE EXAMINER'S OBSERVATION OF THE SUBJECT'S BEHAVIOR, THE PSYCHOLOGICAL INTERACTION OF THE EXAMINER AND THE SUBJECT, AND THE INTERPRETIVE BIAS OF THE EXAMINER, CONTRIBUTE TO THE PROBLEM OF DETERMINING THE PROBATIVE VALUE OF POLYGRAPH RESULTS. THESE AND OTHER TECHNICAL FACTORS WEIGH AGAINST THE ADMISSIBILITY OF DEFENSE-ORDERED POLYGRAPH TESTS. THE USE OF COURT-APPOINTED POLYGRAPH EXAMINERS WILL NOT SOLVE THE SPECIAL PROBLEMS POSED BY DEFENSE-ADMINISTERED TESTS. OTHER PROBLEMS PRESENTED BY ADMISSION OF POLYGRAPH EVIDENCE RELATE TO ITS POTENTIAL FOR LENGTHENING TRIALS, CONFUSING ISSUES, CREATING A DANGER OF UNFAIR PREJUDICE, AND MISLEADING JURIES. THE EVIDENTIARY THEORIES POSED BY THOSE ADVOCATING THE ADMISSION OF POLYGRAPH RESULTS UNDER THE FEDERAL RULES OF EVIDENCE ARE CRITICIZED, AND FIFTH AMENDMENT PROBLEMS RELATED TO ADMISSION OF POLYGRAPH EVIDENCE ARE CITED. IT IS URGED THAT POLYGRAPH RESULTS CONTINUE TO BE EXCLUDED FROM FEDERAL CRIMINAL PROCEEDINGS.