NCJ Number
143369
Journal
Journal of Offender Monitoring Volume: 6 Issue: 2 Dated: (Spring 1993) Pages: 1-2,4-6,8-10,12-14
Date Published
1993
Length
11 pages
Annotation
The polygraph is one of the major tools in community supervision; yet, questions about the propriety of polygraph conditions and the use of polygraph information are making their way through appellate courts.
Abstract
Court cases to date have presented five basic issues regarding the legality of polygraph conditions: (1) extent to which a defendant's consent to the conditions operate as a waiver of any later claims of illegality, (2) whether polygraph conditions meet general tests imposed for the validity of probation conditions, (3) scope of the right to be free from self-incrimination in the probation context, (4) use that can be made of a probationer's refusal to submit to polygraph testing, and (5) whether probation or parole revocation can rest solely on polygraph results. Major legal trends associated with the propriety of polygraph conditions and the use of information obtained from such conditions are reviewed. A thorough analysis of Minnesota v. Murphy is presented, a case which dealt directly with the issue of self-incrimination in the probation context. In addition, Federal and State appellate decisions relevant to the use of polygraph conditions in the probation or parole context are discussed, and major cases are analyzed. 52 endnotes