Re: [infoguys-list] Polygraph admissibility - I'm Done With Insufferable Fools
- In a message dated 5/22/2006 8:35:31 P.M. Eastern Standard Time,
Before Bill and Rick go off to shop for an agreeable judge, let's
please put the brakes on this. Admissibility is NOT up to the
discretion of the trial judge, or anyone reviewing the case on appeal.
The judge is the trier of law, the law is the Evidence Code, and the
Evidence Code recognizes a polygraph for what it is: an out-of-court
statement presented to assert the truth of what it says. That's the
classic definition of hearsay, so the polygraph will not be admissible
unless it falls under one of the recognized exceptions to the hearsay
rule -- which is possible, of course.
Cal. SBN 196500
You Sir, are a fucking idiot.
Did you even bother to read the damn cases I cited, or do you just get wound
up and blow this out your ass.
One more time -- take a deeeeeeep breath, focus on the words, one at a time.
U.S. v. Piccinonna, 885 F.2d 1529 (11th Cir. 1989) (Polygraph evidence is
not inadmissible per se. However, polygraph expert testimony will be
admissible in this circuit when both parties stipulate in advance as to the
circumstances of the test and as to the scope of its admissibility. Where the parties
agree to these conditions in advance of the polygraph test, evidence of the
test results are admissible. Polygraph evidence may also be used to impeach or
corroborate the testimony of a witness at trial. Admission of polygraph
evidence for these purposes is subject to three preliminary conditions. First, the
party planning to use the evidence at trial must provide adequate notice to
the opposing party that expert testimony will be offered. Second, polygraph
expert testimony by a party will be admissible only if the opposing party was
given a reasonable opportunity to have its own polygraph expert administer a
test covering substantially the same questions. Third, failure to provide
adequate notice or reasonable opportunity for the opposing side to administer
its own test is proper grounds for exclusion of the evidence. Admission of
polygraph evidence for impeachment or corroboration purposes, however, is still
left entirely to the discretion of the trial judge.)
I have enough experience with these things that we discuss on these lists
that it is pretty damn ridiculous for me to spend the time to do the research,
and then post the cases for you to read (including a link to the Polygraph
Association so you can find information for wherever you happen to be) only to
entertain comments from the peanut gallery.
I have had E-Fukin-Nuff wasting my time that could obviously be put to
better use - I'm done with the educational posts here.
Take the ball and run with it Bryan -- the rest of you can address any
questions, issues and concerns that you may have to him.
Bill E. Branscum, Investigator
PO Box 10728
Naples, FL 34101
(239) 304-1640 Fax
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