NCJ Number
143181
Journal
Journal of Offender Monitoring Volume: 6 Issue: 2 Dated: (Spring 1993) Pages: 1-2,4-6,8-10,12-14,22
Date Published
1993
Length
12 pages
Annotation
The polygraph represents a major tool in community supervision, and questions as to the propriety of polygraph conditions and the use of polygraph results are now making their way through appellate courts.
Abstract
Court cases to date have presented basic five issues regarding the legality of polygraph conditions: the extent to which a defendant's consent to such conditions operates as a waiver of later illegality claims; whether polygraph conditions meet general tests imposed for the validity of probation conditions; the scope of the right to be free from self-incrimination in the probation context; what use can be made of a probationer's refusal to submit to polygraph testing; and whether probation or parole revocation can rest solely on polygraph results. These legal issues are discussed, along with Federal and State appellate decisions relevant to polygraph use in the probation or parole context. An analysis of Minnesota v. Murphy is provided, a case that dealt directly with the issue of self- incrimination in the probation context. Other major cases pertinent to polygraph conditions are also described. 63 footnotes