SURVEY OF JUDICIAL ATTITUDES CONCERNING POLYGRAPH ADMISSIBILITY

• NCJ Number: 53423
• Journal: Polygraph Volume: 6 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 211-217
• Author(s): M J MUSTO
• Date Published: 1977
• Length: 7 pages
• Corporate Author: American Polygraph Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

USING THE RESULTS OF A QUESTIONNAIRE MAILED TO ALL CIRCUIT COURT JUDGES IN ILLINOIS, JUDICIAL ATTITUDES TOWARD THE ADMISSIBILITY OF POLYGRAPH TEST RESULTS IN COURT ARE EXAMINED.

Abstract

A HISTORY OF JUDICIAL DECISIONS REGARDING THE USE OF POLYGRAPH EVIDENCE IN COURT IS BRIEFLY SKETCHED. THE SURVEY DESCRIBED ATTEMPTS TO ASSESS CONTEMPORARY ATTITUDES OF JUDGES TOWARD THE ADMISSABILITY OF SUCH EVIDENCE THROUGH A SURVEY OF ALL 225 CIRCUIT COURT JUDGES IN ILLINOIS. FURTHER, THE QUESTIONNAIRE USED ATTEMPTED TO ASSESS JUDICIAL ATTITUDES ABOUT WHETHER OR NOT A POLYGRAPH EXAMINATION IS AN INVASION OF PRIVACY AND WHETHER, IN TAKING A POLYGRAPH EXAMINATION, SELF-INCRIMINATION ISSUES NECESSARILY ARISE. OF THE 225 QUESTIONNAIRES MAILED, 65 WERE RETURNED, YIELDING A RESPONSE RATE OF 28 PERCENT. ANALYSES OF THE RESPONSES GIVEN TO EACH MAJOR QUESTIONNAIRE ITEM ARE PROVIDED. THE OVERALL CONCLUSION FROM SURVEY RESULTS IS THAT CIRCUIT COURT JUDGES WHO HAVE BEEN EXPOSED TO STIPULATED TESTIMONY AND THOSE WHO HAVE RECOMMENDED THE USE OF THE POLYGRAPH FOR SPECIFIC CASES HAVE A FAVORABLE OPINION OF THE POLYGRAPH AS A FORM OF EVIDENCE. THE STUDY FURTHER SUGGESTS THAT THE CONTENTION THAT THE POLYGRAPH WOULD OVERWHELM A JURY TO THE EXCLUSION OF OTHER EVIDENCE IS PROBABLY UNJUSTIFIED. IT IS ADVISED THAT THE FACT THAT A MAJORITY OF THE CIRCUIT COURT JUDGES OBJECTED TO THE POLYGRAPH ON CONSTITUTIONAL RATHER THAN OTHER GROUNDS IS PROBABLY A REFLECTION OF A FAMILIARITY WITH THE LAW RATHER THAN WITH THE POLYGRAPH. RESPONSES ON THE 'GENERAL ACCEPTANCE' QUESTION ABOUT THE POLYGRAPH ARE BELIEVED TO INDICATE THAT THE FIELD OF POLYGRAPHY IS GRADUALLY BEING VIEWED AS A SEPARATE SCIENCE, INDEPENDENT OF THE BROADER FIELDS OF PSYCHOLOGY AND PHYSIOLOGY. A MAJOR TENDENCY OBSERVED IN THE RESPONSES WAS THE 50-50 SPLIT ON MANY OF THE QUESTIONS, WHICH SEEMS TO SUGGEST THAT PRESENT JUDICIAL OPINION HAS AN EMOTIONAL RATHER THAN A FACTUAL BASIS. IT IS ACKNOWLEDGED THAT THE LOW RESPONSE RATE FOR THE SURVEY LIMITS THE VALIDITY OF ANY CONCLUSIONS AS REPRESENTATIVE OF THE OPINIONS OF STATE'S CIRCUIT COURT JUDGES. (RCB)