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POLYGRAPH FOR THE DEFENSE

NCJ Number
14610
Author(s)
R J FERGUSON; A L MILLER
Date Published
1974
Length
310 pages
Annotation
THE AUTHORS HAVE DOCUMENTED PRECEDENT SETTING FEDERAL AND STATE CASES IN WHICH JUDGES DECIDED TO ADMIT POLYGRAPH TEST RESULTS INTO TRIAL EVIDENCE OVER OBJECTION OF THE PROSECUTION.
Abstract
THE AUTHORS HAVE INCLUDED THE ACTUAL DEFENSE BRIEFS AND ARGUMENTS FOR ADMISSIBILITY, CITING APPLICABLE CASES AND SUPPLEMENTAL POINTS OF AUTHORITY, WHILE DETAILING THE PROPER PROCEDURES FOR DIRECT EXAMINATION, TO QUALIFY THE POLYGRAPHIST AS AN EXPERT. IN SUPPORT OF THE FOREGOING, ALSO INCLUDED ARE COPIES OF JUDGES' MEMORANDUMS OF OPINION CONTAINING REASONS WHY THEY DECIDED TO ADMIT POLYGRAPH TEST RESULTS INTO EVIDENCE. THE CASES ILLUSTRATE THE PITFALLS WHICH CAN RESULT FROM IMPROPER DIRECT OR CROSS-EXAMINATION. THEY SHOW THE METHODS FOR DETECTING A CHARLATAN IN THE GUISE OF A POLYGRAPH EXPERT AND FOR DISCREDITING THE WOULD-BE EXPERT WHO DISPARAGES THE POLYGRAPH'S HIGH DEGREE OF TEST ACCURACY, FROM THE WITNESS STAND. (AUTHOR ABSTRACT MODIFIED)

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