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NCJRS Abstract

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NCJ Number: 152686 Find in a Library
Title: Defense Access to Police Polygraph Tests
Journal: New York State Bar Journal  Volume:65  Issue:5  Dated:(July-August 1993)  Pages:36-41
Author(s): J A Matte
Date Published: 1993
Page Count: 6
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: This article argues that defendants and their lawyers should have access to polygraph tests, the resulting charts, and the evaluation.
Abstract: A relatively new polygraph technique, the Matte Quadri-Zone Comparison Technique was validated in a December 1989 study, where it correctly identified 91 percent of innocent subjects and 97 percent of guilty subjects. The two major factors which can produce a physiological response, and thereby a false positive on the test, are fear of error (which cannot be distinguished from the reaction caused by fear of detection) and anger. Most errors in polygraph examination stem from an improper pretest interview, where the examiner failed to remain impartial and nonaccusatory. Honoring the defense's request for representation during the administration of a polygraph, and granting the defense counsel access to the results, is even more warranted then ever with the advent of a precedent-setting Federal Court ruling admitted polygraph results into evidence. The right of the defendant to protect himself against error that might lead to his loss of liberty or life supercedes any possible law enforcement justification. 18 notes
Main Term(s): Courts
Index Term(s): Confidential records access; Polygraphs; Pretrial discovery; Rules of evidence
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