 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Reed v. Maryland9/6/1978
at of the defendant and the recording said by the expert to be the voice of the defendant. It also sees the spectrographic samples.
In Boeche v. State, 151 Neb. 368, 37 N.W.2d 593 (1949), another of the polygraph cases cited by the majority opinion, the court said concerning the refusal of the trial court to reopen the case so the defendant could submit to an examination by polygraph:
"Cogent reasons in support of this attitude readily suggest themselves. In the first place, the vital function of cross-examination would be impaired. The operator, appearing as a witness to report and interpret the results of the test, might be questioned as to his qualifications, experience, his methods, and on similar matters, and that is about all. But the machine itself -- conceding the comparatively high percentage record as to accuracy and reliability claimed for it -- escapes all cross-examination. There is no persuasive analogy here with such tests as fingerprinting which have a strictly physical basis, clearly demonstrable. It is not contended that the lie detector measures or weighs the important psychological factors. Many innocent but highly sensitive persons would undoubtedly show unfavorable
physical reactions, while many guilty persons, of hardened or less sensitive spirit, would register no physical indication of falsification. This the trained operators of course understand, and proceed upon the basis of a large percentage of error. But it seems quite too subtle a task of evaluation to impose upon an untrained jury." Id. at 377.
In State v. Valdez, 91 Ariz. 274, 371 P. 2d 894 (1962), another of the polygraph cases cited by the majority, the court pointed out shortcomings of the polygraph technique:
" n addition to the above enumerated scientific shortcomings of the polygraph technique the following objections to the unrestricted use of its results in the court room have been registered:
"(1) The supposed tendency of judges and juries to treat lie-detector evidence as conclusive on the issue of defendants' guilt. See Highleyman, The Deceptive Certainty Of The 'Lie Detector', 10 Hastings L.Rev. 47 (1958); Kleinfeld, The Detection of Deception -- A Resume, 8 Fed.B.J. 153 (1947).
"(2) Lack of standardization of test procedure, (Burack, A Critical Analysis Of The Theory, Method, And Limitations Of The 'Lie Detector', 46 J.Crim.L., C. & P. S., 414 (1955); Koffler, The Lie Detector -- A Critical Appraisal Of The Technique As A Potential Undermining Factor In The Judicial Process, 3 N.Y.L.F. 123 (1957)), examiner qualifications and instrumentation.
"(3) Difficulty for jury evaluation of examiners' opinions." Id. at 279-80 (footnote omitted).
2. Rules used in admissibility of fingerprints, ballistics, etc.
The general rule concerning the admissibility of evidence is summarized as follows in Kaplan, The Lie Detector: An Page 416} Analysis Of Its Place in the Law of Evidence, 10 Wayne L. Rev. 381 (1964):
" The General Standard for Admissibility. Since the purpose of a trial is to discover the facts involved in a transaction or occurrence and to decide the issues presented in accordance with such facts, the general standard used in determining whether evidence should be admitted is that 'all facts having rational probative value are admissible unless some specific rule forbids.' The probative value of a piece of evidence concerns its relationship to an issue to be decided in the lawsuit. If the evidence furthers, to some extent, the progress toward establishing the issue in question, it is considered admissible subject to the existence of policy factors weighing against its a
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|