[EMAIL PROTECTED] (William J. Foristal) writes:
HI Sue,
Thanks for posting this. :) It seems that there is more to the polygraph
debate than meets the eye.
Bill
On Tue, 31 Mar 1998 11:07:59 -0800 Sue Hartigan <[EMAIL PROTECTED]>
writes:
>Sue Hartigan <[EMAIL PROTECTED]> writes:
>
>
>Hi Terry:
>
>I thought that this one would interest you. Sue
>
>UNITED STATES v. SCHEFFER
>
>No. 96-1133 -- Argued November 3, 1997
>-- Decided March 31, 1998
>44 M.J. 442, reversed.
>< http://supct.law.cornell.edu/supct/html/96-1133.cpanel.html >
>=============================================================
>
>A polygraph examination of respondent airman indicated, in the
>opinion of the Air Force examiner administering the test, that
>there was "no deception" in respondent's denial that he had used
>drugs since enlisting. Urinalysis, however, revealed the presence
>of methamphetamine, and respondent was tried by general court-
>martial for using that drug and for other offenses. In denying
>his motion to introduce the polygraph evidence to support his
>testimony that he did not knowingly use drugs, the military judge
>relied on Military Rule of Evidence 707, which makes polygraph
>evidence inadmissible in court-martial proceedings. Respondent
>was convicted on all counts, and the Air Force Court of Criminal
>Appeals affirmed. The Court of Appeals for the Armed Forces
>reversed, holding that a per se exclusion of polygraph evidence
>offered by an accused to support his credibility violates his
>Sixth Amendment right to present a defense.
>
>Held: The judgment is reversed.
>
>44 M.J. 442, reversed.
>--
>Two rules in life:
>
>1. Don't tell people everything you know.
>2.
>
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