NCJ Number
53425
Journal
Polygraph Volume: 6 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 233-240
Date Published
1978
Length
8 pages
Annotation
JUDICIAL DECISIONS REGARDING THE USE OF STIPULATIONS IN CONNECTION WITH THE RESULTS OF POLYGRAPH TESTS IN PLEA BARGAINING AND EVIDENCE PRESENTATION IN TRIALS ARE DISCUSSED AND CONCLUSIONS DRAWN.
Abstract
IT IS NOTED THAT IN THE USE OF POLYGRAPH RESULTS IN THE COURTROOM, STIPULATIONS AGREED UPON BY DEFENSE COUNSEL AND THE PROSECUTOR WITH REFERENCE TO THE USE OF SUCH RESULTS ARE CRUCIAL. JUDICIAL DECISIONS ARE CITED TO SHOW THAT STIPULATIONS ARE BINDING UPON BOTH THE DEFENSE AND PROSECUTION IN THE HANDLING OF A CASE IN PLEA BARGAINING AND IN THE TRIAL ITSELF AS REGARDS THE RESULTS OF THE POLYGRAPH TEST. ONE OF THE MOST OBVIOUS PROVISIONS TO BE SET FORTH IN THE STIPULATION IS THAT CHARGES WILL BE DISMISSED AGAINST A DEFENDANT FOUND TO BE TRUTHFUL BY THE TEST. IT IS ARGUED, HOWEVER, THAT IN DEFENSE COUNSEL'S POSSIBLE STIPULATION THAT THE PROSECUTION MAY USE THE TEST RESULTS IN THE TRIAL WITHOUT OBJECTION, EVEN THOUGH SUCH RESULTS REVEAL THE DEFENDANT'S UNTRUTHFULNESS, THE DEFENDANT'S RIGHTS MUST STILL BE RETAINED TO THE EXTENT OF CHALLENGING THE RESULTS OF THE SPECIFIC TEST GIVEN ON PARTICULAR GROUNDS. IT IS ADVISED THAT ALL PLEA BARGAINING ENTERED INTO PRIOR TO THE TAKING OF THE POLYGRAPH EXAMINATION SHOULD BE MADE A PART OF THE STIPULATION, WHICH SHOULD BE EXECUTED BY COUNSEL FOR THE DEFENDANT, COUNSEL FOR THE PROSECUTION, AND THE ACCUSED. EXAMPLES OF CONSEQUENCES WHERE THIS WAS NOT DONE ARE SHOWN IN PARTICULAR CASES. RESTRICTIONS IMPOSED UPON QUESTIONS TO BE ASKED BY THE EXAMINER AND THE QUALIFICATIONS OF THE EXAMINER ARE ALSO DISCUSSED AS ELEMENTS IN A STIPULATION. IN SUMMARIZING, POINTS TO BE INCLUDED IN THE FORMULATION OF A STIPULATION ARE PROVIDED, AND REPORTED CASES ARE LISTED. (RCB)