NCJ Number
178146
Journal
Criminal Justice Volume: 12 Issue: 2 Dated: Summer 1997 Pages: 11-13
Date Published
1997
Length
3 pages
Annotation
This article addresses some of the issues relevant to the admission of polygraphs in criminal cases.
Abstract
The most common reason for excluding polygraph results is that the jury likely will treat the polygrapher’s testimony as substantive proof of the truth of the defendant’s statements made during the examination despite any limiting instructions given by the court. Although a number of studies have shown that polygraph examinations are not that reliable in ascertaining truthfulness, the trend appears to be moving toward admissibility. The article describes a case illustrative of the rules of admissibility and reviews several court decisions. Absent a legislative solution, individual district courts will likely be left on their own to address polygraph issues on a case-by-case basis within the framework set forth by their circuit courts. Attorneys who practice in multiple jurisdictions will have to become acquainted with the laws of each.