NCJ Number
17664
Journal
Catholic University Law Review Volume: 23 Issue: 1 Dated: (FALL 1973) Pages: 101-121
Date Published
1973
Length
21 pages
Annotation
EXAMINATION OF THE RATIONALE BEHIND THE TREND TOWARDS JUDICIAL RECOGNITION OF THE SCIENTIFIC VALIDITY OF THE POLYGRAPH TECHNIQUE IN LIGHT OF THE TRADITIONAL GROUNDS USED TO EXCLUDE THE RESULTS OF THESE TESTS.
Abstract
IN UNITED STATES V. RIDLING (1972) THE MICHIGAN DISTRICT COURT RULED POLYGRAPHY EVIDENCE ADMISSIBLE UPON AN INITIAL FINDING THAT THE POLYGRAPHY WAS A RELIABLE INSTRUMENT FOR RECORDING THE PHYSIOLOGICAL RESPONSES OF AN INDIVIDUAL TO STRESS AND THAT THE SCIENTIFIC PHYSIOLOGICAL BASIS FOR THE POLYGRAPH EVIDENCE WAS WELL ESTABLISHED. THE COURT ALSO SET DOWN A LIST OF SPECIFIC GUIDELINES ON THE PROPER PROCEDURE AND CIRCUMSTANCES UNDER WHICH THE RESULTS AND EXPERT TESTIMONY REGARDING POLYGRAPH EXAMINATIONS COULD BE ADMITTED INTO EVIDENCE. THE THEORY OF THE POLYGRAPH IS REVIEWED AND THE PRECEDENT FOR EXCLUSION OF THE RESULTS OF POLYGRAPH TESTS IS DISCUSSED. EXAMINED IN DETAIL IS THE MOST PREVALENT REASON FOR EXCLUSION, CITED IN THE 1923 APPELLATE COURT CASE OF FRYE V. UNITED STATES - THAT THE POLYGRAPH TECHNIQUE HAS NOT ACHIEVED THE DEGREE OF GENERAL SCIENTIFIC ACCEPTANCE REQUIRED TO WARRANT LEGAL RECOGNITION OF THE POLYGRAPH AS A RELIABLE METHOD OF ASCERTAINING TRUTH OR DECEPTION. THE AUTHOR CONTENDS THAT THE FRYE RULE OF EXCLUSION, FOLLOWED BY ITS STRICT INTERPRETATION IN LATER COURT OPINIONS, SET A HIGHER STANDARD OF ADMISSIBILITY FOR THE POLYGRAPH THAN THAT IMPOSED UPON OTHER TYPES OF SCIENTIFIC EVIDENCE, AND THAT MOST POLYGRAPH CASES HAVE PROVIDED FEW REASONS FOR SUMMARILY REJECTING UNSTIPULATED POLYGRAPH EVIDENCE. SOME OF THESE REASONS - THE LACK OF UNIFORM PROFESSIONAL STANDARDS FOR POLYGRAPH EXAMINERS, THE PRESENCE OF ABNORMAL PHYSIOLOGICAL AND/OR PSYCHOLOGICAL SYMPTOMS IN THE EXAMINEE, THE PREJUDICIAL EFFECT OF POLYGRAPH EVIDENCE ON THE JURY, AND THE POSSIBLE VIOLATION OF THE DEFENDANT'S CONSTITUTIONAL PRIVILEGE AGAINST SELF INCRIMINATION - ARE DISCUSSED AND WAYS OF HANDLING THESE OBJECTIONS ARE SUGGESTED. IT IS MAINTAINED THAT THE POLYGRAPH PROFESSION HAS MATURED INTO AN ESTABLISHED FIELD OF SCIENCE SINCE POLYGRAPH EVIDENCE WAS FIRST DECLARED INADMISSIBLE IN 1923, AND THAT RIDLING AND SIMILAR COURT DECISIONS, WHEN PRESENTED SIDE-BY-SIDE, REFLECT A PRESENT MOOD OF THE COURTS TO TAKE A CLOSER LOOK AT THE RULE OF REJECTION SET FORTH IN THE FRYE DECISION AND TO ADMIT EXPERT TESTIMONY PRESENTED IN AN ATTEMPT TO LAY AN ADEQUATE FOUNDATION TO REVEAL THE GENERAL RELIABILITY OF THE POLYGRAPH TECHNIQUE AND TO ESTABLISH THE PROBATIVE VALUE OF POLYGRAPH EVIDENCE. (AUTHOR ABSTRACT MODIFIED)