NCJ Number
64059
Journal
California Youth Authority Quarterly Volume: 32 Issue: 3 Dated: (FALL 1979) Pages: 25-29
Date Published
1979
Length
5 pages
Annotation
THE CONTRIBUTIONS OF POLYGRAPH USE IN THE COURT AND YOUTH AUTHORITY IN CALIFORNIA ARE DISCUSSED.
Abstract
THE POLYGRAPH HAS BECOME A SOPHISTICATED INSTRUMENT IN THE INVESTIGATION OF ILLEGAL ACTIVITY IN CALIFORNIA AND THE STATE HAS BECOME INCREASINGLY DEPENDENT ON ITS USE BY TRAINED PERSONNEL WHO CAN PROPERLY INTERPRET RESULTS. UNDER CALIFORNIA LAW, POLYGRAPH EVIDENCE MAY NOT BE ADMITTED ON ISSUES OF GUILT OR INNOCENCE WITHOUT THE WRITTEN AGREEMENT OF BOTH THE PROSECUTION AND THE DEFENSE. THUS POLYGRAPH EVIDENCE IS TREATED DIFFERENTLY FROM OTHER FORMS OF SCIENTIFIC EVIDENCE SUCH AS FINGERPRINTING OR BALLISTICS; THESE CAN BE ADMISSIBLE WHEN APPROPRIATE LEGAL GROUNDWORK IS LAID. WITH THE MUTUAL WRITTEN CONSENT OF BOTH PARTIES (STIPULATION) POLYGRAPH RESULTS MAY BE, AND HAVE BEEN, ADMITTED AS EVIDENCE IN CALIFORNIA COURTS FOR 30 YEARS. THE YOUTH AUTHORITY'S CRITERIA FOR ADMISSIBILITY OF POLYGRAPH EVIDENCE ARE MORE RESTRICTIVE, IN FAVOR OF THE ACCUSED THAN ARE THOSE OF ADULT COURTS; ADMISSIBILITY IS DETERMINED BY THE PERFORMANCE OF EACH INDIVIDUAL ON THE EXAMINATION. IF THE ACCUSED IS TRUTHFUL, TEST RESULTS ARE ADMISSIBLE AS EVIDENCE IN HIS BEHALF. IF HE LIES, THE POLYGRAPH RESULTS MAY NOT BE ADMITTED AS EVIDENCE AGAINST HIM. SINCE THE POLYGRAPH PROGRAM BEGAN IN THE YOUTH AUTHORITY, EXAMINERS HAVE BEEN INSTRUMENTAL IN DISCOVERING THE PERPETRATORS OF LITERALLY HUNDREDS OF CRIMES, SOME EXTREMELY SERIOUS, AND MANY INNOCENT WARDS HAVE BEEN CLEARED OF FALSE ALLEGATIONS BY POLYGRAPH USE. POLYGRAPH HAS ALSO BEEN APPLIED EFFECTIVELY TO A NUMBER OF SPECIAL PROBLEM SITUATIONS SUCH AS SCREENING YOUTHS FOR CRIMINAL ACTIVITIES. IF THE POLYGRAPH IS USED WITH APPROPRIATE SAFEGUARDS, IT CAN VASTLY IMPROVE THE EFFECTIVENESS OF THE JUDICIAL PROCESS. (MJW)