[EMAIL PROTECTED] (William J. Foristal) writes:
HI Linda,
Bascially the ruling allows the banning of lie detector evidence in
military, federal and state courts. The reason cited is because of the
unreliability of lie detector test results and interpretation.
You are correct in that the court will allow all jurisdictions to decide
on a case by case basis whether to allow lie detector results as
evidence. Most jurisdictions currently do not allow this evidence for
the same reasons the Supreme Court ruling cites.
Bill
On Wed, 01 Apr 1998 11:23:58 -0800 "Linda D. Misek-Falkoff, Ph.D., J.D."
<[EMAIL PROTECTED]> writes:
>"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]>
>writes:
>
>
>Hi Jackie: I don't think so, correct me at will. I believe the Supreme
>Court left it up to separate jurisdictions to decide. What the
>Supremes
>seem to have said is that it is not an infringement of constitutional
>rights to bar introduction of the polygraph in instances where the
>right
>to present the best defense is not weakened, and here the defendant
>had
>opportunity to present actual facts, and was not dependent on what
>amounts to expert testimony (polyugraph). What think you? :) LDMF.
>--------------------Jackie Fellows wrote:---------------------------
>>
>> Jackie Fellows <[EMAIL PROTECTED]> writes:
>>
>> Hi Sue
>>
>> Thanks for ferreting out pertinent info. for all of us. I am not
>sure I
>> read this right--my eyes might be biased <VBG>, but it seems the
>Supreme
>> court is not willing to accept the idea that the polygraph is
>admissible.
>> Am I correct in this??
>>
>> jackief
>>
>> Sue Hartigan wrote:
>>
>> > Sue Hartigan <[EMAIL PROTECTED]> writes:
>> >
>> > Hi Terry:
>> >
>> > There is simply no consensus that polygraph evidence is reliable:
>The
>> > scientific
>> > community and the state and federal courts are extremely
>> > polarized on the matter. Pp. 4-9. (b) Rule 707 does not implicate
>> > a sufficiently weighty interest of the accused to raise a
>> > constitutional concern under this Court's precedents. The three
>> > cases principally relied upon by the Court of Appeals, Rock,
>> > supra, at 57, Washington v. Texas, 388 U.S. 14, 23, and Chambers
>> > v. Mississippi, 410 U.S. 284, 302-303, do not support a right to
>> > introduce polygraph evidence, even in very narrow circumstances.
>> > The exclusions of evidence there declared unconstitutional
>> > significantly undermined fundamental elements of the accused's
>> > defense. Such is not the case here, where the court members heard
>> > all the relevant details of the charged offense from respondent's
>> > perspective, and Rule 707 did not preclude him from introducing
>> > any factual evidence, but merely barred him from introducing
>> > expert opinion testimony to bolster his own credibility.
>> > Moreover, in contrast to the rule at issue in Rock, supra, at
>> > 52, Rule 707 did not prohibit respondent from testifying on his
>> > own behalf; he freely exercised his choice to convey his version
>> > of the facts at trial. Pp. 11-14. THOMAS, J., announced the
>> > judgment of the Court and delivered the opinion of the Court with
>> > respect to Parts I, II-A, and II-D, in which REHNQUIST, C.J.,
>> > and O'CONNOR, SCALIA, KENNEDY, SOUTER, GINSBURG, and BREYER,
>> > JJ., joined, and an opinion with respect to Parts II-B and II-
>> > C, in which REHNQUIST, C.J., and SCALIA and SOUTER, JJ.,
>> > joined. KENNEDY, J., filed an opinion concurring in part and
>> > concurring in the judgment, in which O'CONNOR, GINSBURG, and
>> > BREYER, JJ., joined. STEVENS, J., filed a dissenting opinion.
>> >
>> > > Two rules in life:
>> > >
>> > > 1. Don't tell people everything you know.
>> > > 2.
>> > >
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>> >
>> > --
>> > Two rules in life:
>> >
>> > 1. Don't tell people everything you know.
>> > 2.
>> >
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>> --
>> In the sociology room the children learn
>> that even dreams are colored by your perspective
>>
>> I toss and turn all night. Theresa Burns, "The Sociology Room"
>>
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