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Standards for the Admissibility of Polygraph Results as Evidence

NCJ Number
104426
Journal
Polygraph Volume: 15 Issue: 3 Dated: (September 1986) Pages: 157-173
Author(s)
G H Barland
Date Published
1986
Length
17 pages
Annotation
Assuming that a court admits high quality polygraph results, the court should screen polygraph evidence to determine polygrapher qualifications, the examination format, how test conclusions were reached, circumstances affecting the examinee's attitude, and whether test results were reviewed by an independent expert.
Abstract
Standards for polygraph tests to be used in court should be higher than those applied to tests associated with investigations. The examiner should be properly trained, licensed, and experienced; should use a testing technique appropriate for the issue to be resolved; and should record the entire examination on videotape. If the examination was conducted confidentially for the defense, the subject must waive confidentiality privileges, and all aspects of the examination and related polygraph examinations must be disclosed. The most important safeguard to ensure that standards were met in an examination is a formal review of all aspects of the examination by a disinterested polygraph expert. If this review does not support the original examiner's decision, the polygraph results should not be admissible as evidence, although the results of a re-examination may be admitted providing the independent expert supports the findings of this re-examination. 22 notes and 12 references.

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