 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Reed v. Maryland9/6/1978
Alexander, 526 F. 2d 161 (8th Cir. 1975). It has been suggested that Alexander should become the leading case on the polygraph, displacing Frye :
" Alexander's careful analysis, focusing on strong arguments against admitting lie detector evidence, namely, its effect on the jury and its dubious reliability, is the first carefully reasoned rejection of lie detectors by a federal appellate court. Its conclusions, formed by the same court that decided the liberal [United States v.] Oliver decision, [525 F. 2d 731 (8th Cir. 1975), cert. denied, 424 U.S. 973 (1976),] must be considered as representative of the reasons underlying the federal courts' reluctance to admit into evidence the results of lie detector tests. In short, Alexander appears likely to become the most important decision on the lie detector issue, replacing the obsolete and cursory analysis of Frye." Comment, supra, 51 Temp. L. Q. at 94 (footnotes omitted).
In Alexander, Judge Gibson pointed out for the court that "the polygraph does not detect lies, but merely records physiological phenomena which are assumed to be related to conscious deception." 526 F. 2d at 163. To similar effect, he quoted a 1965 report of the Committee on Government Operations of the House of Representatives, which concluded:
"There is no 'lie detector.' The polygraph machine is not a 'lie detector', nor does the operator who interprets the graphs detect 'lies.' The machine records physical responses which may or may not be connected with an emotional reaction -- and that reaction may or may not be related to guilt or innocence. Many, many physical and psychological factors make it possible for an individual to 'beat' the polygraph without detection by the machine or its
operator." [Citing H. R. Rep. No. 198, 89th Cong., 1st Sess. 13 (1965).] Id. at 165.
The court added, "Furthermore, it is often difficult to supply supportive and objective evidence to verify a polygraphist's conclusion as to a subject's veracity since there is no assured way in most cases to determine whether the subject was actually being truthful or deceitful." Id. at 165-66. The court said: "it is apparent that a polygraph examination embraces a number of complexities not present in the areas of fingerprint, handwriting, voiceprint, ballistics and neutron activation analysis. These deal primarily with physical phenomena rather than psychological responses." Id. at 167 (emphasis added). The court believed that this particular form of evidence has a great tendency to invade the province of the jury:
" resent-day jurors, despite their sophistication and increased educational levels and intellectual capacities, are still likely to give significant, if not conclusive, weight to a polygraphist's opinion as to whether the defendant is being truthful or deceitful in his response to a question bearing on a dispositive issue in a criminal case. To the extent that the polygraph results are accepted as unimpeachable or conclusive by jurors, despite cautionary instructions by the trial judge, the jurors' traditional responsibility to collectively ascertain the facts and adjudge guilt or innocence is preempted." Id. at 168 (footnote omitted).
It is of interest that in State v. Williams, 388 A.2d 500 (Me. 1978), in distinguishing State v. Casale, 150 Me. 310, 110 A.2d 588 (1954), a lie detector case which applied a Frye -type standard, the court said:
"The reference to a special standard of admissibility in Casale, however, was occasioned by the peculiarly special nature of lie detector tests as evidence. Lie detector evidence directly and pervasively impinges upon that function which is so
uniquely th
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.
|
|