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Proposed Military Rule of Evidence 707 Polygraph Evidence in the Military Courts: Solution by Edict is No Solution

NCJ Number
123832
Journal
Polygraph Volume: 19 Issue: 1 Dated: (1990) Pages: 21-61
Author(s)
M V Perry
Date Published
1990
Length
41 pages
Annotation
Nothing has engendered more controversy in military courts than the issue of the use of polygraph evidence.
Abstract
For nearly 70 years the polygraph has suffered nothing less than complete banishment from the vast majority of courtrooms, including military courts-martial. Two years ago, however, the United States Court of Military Appeals issued an opinion in the case of United States v. Gipson, which began to open the door to the admissibility of polygraph evidence in military courts-martial. The court concluded that it was up to the moving party to demonstrate the relevance and reliability of the polygraph examination being offered, in light of certain indicia of reliability. In most instances the debate over polygraph evidence is reduced to a debate over its validity. The latest scientific studies in the field conclude that polygraphy is reliable to a degree that far exceeds that of much of the evidence currently accepted in the courts, both civilian and military. The future of polygraph evidence in courts-martial depends on how the courts at various levels respond to influences from several different directions. 196 footnotes.

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