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EVIDENCE - VOLUNTARY POLYGRAPH EXAMINATION RESULTS ADMISSIBLE AS EXPERT TESTIMONY

NCJ Number
17717
Journal
Mississippi Law Journal Volume: 44 Issue: 4 Dated: (SEPTEMBER 1973) Pages: 800-804
Author(s)
W J LANDERS
Date Published
1973
Length
5 pages
Annotation
IN UNITED STATES V. ZEIGER, THE COURT HELD RESULTS OF VOLUNTARY POLYGRAPH EXAMINATION, ADMINISTERED BY EXPERT, ADMISSIBLE AS EXPERT TESTIMONY CONCERNING TRUTHFULNESS OF DEFENDANT'S ANSWERS TO FACTUAL QUESTIONS ABOUT CRIME.
Abstract
THIS DECISION BY THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IS DISCUSSED IN RELATION TO OTHER JUDICIAL DECISIONS ON THE ADMISSIBILITY OF EXPERT TESTIMONY CONCERNING THE RESULTS OF POLYGRAPH TESTING. HIGHLIGHTED IS DISTRICT OF COLUMBIA CIRCUIT COURT DECISION IN FRYE V. UNITED STATES (1923) WHICH ESTABLISHED THE 'GENERAL ACCEPTANCE' RULE FOR ADMISSIBILITY OF SCIENTIFIC EVIDENCE. THE AUTHOR MAINTAINS THAT, SINCE ZEIGER WAS WELL REASONED AND LOGICALLY PRESENTED, ITS 1972 REVERSAL WARRANTED AN OPINION AT THE APPELLATE LEVEL AND, THEREFORE, SHOULD NOT PREVENT OTHER ENLIGHTENED COURTS FROM ADMITTING POLYGRPAH EVIDENCE, FOLLOWING THE PRESENTATION OF ADEQUATE FOUNDATION TESTIMONY.

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