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Prosecutor's Guide to the Use of Polygraph Results

NCJ Number
132198
Journal
Prosecutor Volume: 24 Issue: 4 Dated: (Spring 1991) Pages: 17-18,20-22
Author(s)
B C Jayne
Date Published
1991
Length
5 pages
Annotation
Emphasizing that the legitimate purpose of the polygraph technique is to diagnostically render an opinion of truth or deception, this article discusses some of the ways prosecutors use polygraph results outside of the trial process.
Abstract
Extensive research and judicial education during the 1980s enabled the polygraph technique to be viewed as a clinical procedure which can assist judges and prosecutors with the decisions they must make. When conducted by a competent examiner, a polygraph examination provides highly accurate results which, in most cases, support the police investigation. When a defendant produces truthful polygraph results, the prosecutor needs to reevaluate the evidence and strongly consider the probability that the defendant is innocent. When a victim's statements appear suspicious and when not prohibited by law, a prosecutor should consider asking the victim to take a polygraph examination. In addition to pretrial applications, polygraph results are used with increased frequency in pre-sentence investigations and as a condition of probation. 15 footnotes