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Polygraph, the Courts and Law Enforcement

NCJ Number
81017
Journal
Polygraph Volume: 10 Issue: 2 Dated: (June 1981) Pages: 106-115
Author(s)
L L Quon
Date Published
1981
Length
10 pages
Annotation
California judicial decisions bearing upon the admissibility of polygraph results as evidence, the effective use of the polygraph as an investigative tool, and some new developments in polygraphy are discussed.
Abstract
A review of the California cases involving the issue of the admissibility of polygraph results indicates they will remain inadmissible in a criminal case absent stipulation of the parties until the courts are convinced of the validity and reliability of polygraph results. Polygraph results are still suspect because of subjective evaluations by operators and speculation that pathological liars and others able to distort their physiological responses constitute exceptions to the principle upon which the polygraph operates. These doubts will remain until dispelled by a substantial accumulation of scientific evidence demonstrating the reliability and validity of a polygraph examination. The polygraph has been used with great frequency in investigating cases. The value of such testing depends primarily on the ability, experience, training, and integrity of the examiner. The fitness and preparation of the subject are almost as important as the qualifications of the examiner. The testing appears to be more effective if the police do not tell the subject the details of the charged crime. Additionally, the police should conduct little or no interrogation of the subject prior to the test. Also, physical or psychological conditions may distort a subject's physiological responses in the testing. New developments in polygraphy include the use of the mass spectrograph, an ultra sound gas analyzer, and a microwave monitor in measuring respiratory responses. A total of 29 footnotes are listed.