NOTHING BUT THE TRUTH - THE UNCERTAIN ROLE OF POLYGRAPH EVIDENCE IN THE JUDICIAL PROCESS

• NCJ Number: 61290
• Journal: Polygraph Volume: 8 Issue: 1 Dated: (MARCH 1979) Pages: 1-52
• Author(s): J A SPADE
• Date Published: 1979
• Length: 52 pages
• Corporate Author: American Polygraph Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE HISTORICAL BACKGROUND OF LIE DETECTING, MODERN POLYGRAPH DEVELOPMENT, THE LEGAL STATUS OF THE POLYGRAPH THROUGHOUT ITS HISTORY, AND UNRESOLVED JUDICIAL POLICY ISSUES ARE DISCUSSED.

Abstract

THE EARLY GREEKS WERE THE FIRST TO EXPLORE THE POSSIBILITY OF DETECTING DECEIT BY OBSERVATION OF PHYSIOLOGICAL SYMPTOMS. HOWEVER, IT WAS NOT UNTIL 1908 THAT THE USE OF SPECIFIC PSYCHOLOGICAL TECHNIQUES TO DETERMINE GUILT AND DETECT FALSEHOOD WAS FORMALLY PROPOSED. THE THREE INSTRUMENTS THAT MADE POSSIBLE THE MODERN POLYGRAPH ARE THE CARDIOSPHYGMOMANOMETER, THE PNEUMOGRAPH, AND THE GALVANOMETER. THE UNDERLYING THEORY BEHIND POLYGRAPH USE IS THAT WHEN A SUBJECT TELLS A LIE THE PSYCHOLOGICAL STRESS RESULTS IN SUBTLE ALTERATIONS OF THOSE PHYSIOLOGICAL FUNCTIONS CONTROLLED BY THE AUTONOMIC NERVOUS SYSTEM. THE MACHINE MEASURES AND RECORDS THESE PSYCHOPHYSIOLOGICAL VARIATIONS, THE POLYGRAPHER CAN MAKE AN ACCURATE DETERMINATION ABOUT THE SUBJECT'S VERACITY IN RESPONSE TO SPECIFIC QUESTIONS. DATA ON RELIABILITY TESTING SHOW THAT THE POLYGRAPH IS BETWEEN 85 AND 95 PERCENT ACCURATE. DESPITE SOME VICTORIES IN RECENT YEARS IN THE AREA OF STIPULATED ADMISSIBILITY, AND A FEW DECISIONS HOLDING POLYGRAPH EVIDENCE ADMISSIBLE EVEN IN THE ABSENCE OF MUTUAL, COURT-APPROVED STIPULATION, THE PREPONDERANT WEIGHT OF JUDICIAL DECISION LIES AGAINST ADMISSIBILITY OF POLYGRAPH EVIDENCE. A MAJOR BARRIER TO ADMISSIBILITY IS THE 1923 RULING IN FRYE V. UNITED STATES, A PRECEDENT WHICH IS STILL RELIED UPON FREQUENTLY. TO DATE, A TOTAL OF 24 STATES HAVE EITHER ADMINISTERED OR HAVE INDICATED THE ADMISSIBILITY OF POLYGRAPH EVIDENCE ON VALID PRIOR STIPULATION; 19 STATES REMAIN UNEQUIVOCALLY OPPOSED. IN THE FEDERAL COURT SYSTEM ONLY THREE CIRCUIT COURTS HAVE ADMITTED POLYGRAPH EVIDENCE. ONE OF THE MAJOR PROBLEMS HAMPERING ADMISSIBILITY IS THE JUDICIAL DIFFICULTY OF DETERMINING PRECISELY WHAT SORT OF EVIDENCE IT IS. OTHER PROBLEMS INVOLVE POSSIBLE VIOLATION OF THE DEFENDANT'S FIFTH AMENDMENT RIGHTS. DESPITE THESE PROBLEMS AND RESISTANCE IN THE JUDICIAL SPHERE, THE POLYGRAPH CAN ONLY IMPROVE THE PROCESS OF JUSTICE; IT IS AN IDEA WHOSE TIME IS PAST DUE. EXTENSIVE REFERENCE NOTES ARE PROVIDED IN THE ARTICLE. (LWM)