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The Polygraph Test

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? Resources: Web sites: http://www.daubertontheweb.com/frye_opinion.htm
http://laws.findlaw.com/us/509/579.html

? Review the two major court cases that influence whether polygraphs can be used at trial,
Frye v. United States (1923) and Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993).

Discuss whether polygraph testimony should be admissible in court, which test (Frye or Daubert) is more appropriate, and the potential effect this testimony could have on a given case.

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Solution Summary

The solution discusses concisely the criticism of the use of the Polygraph test particularly the manner of establishing the integrity & acceptability of the science behind it fopr use as expert evidence in a trial. It also touches a bit about the history behind the application of the polygraph test in law enforcement. Attached is the word version of the solution.

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Polygraph: Daubert or Frye?

In 1993, the case of Daubert vs. MERRELL DOW PHARMACEUTICALS established the currently accepted opinion throughout the criminal justice system that expert opinion to be admissible in court must be 'generally accepted' particularly by the scientific community. As such the Court of Appeals stated;

"If scientific, technical, or other specialized knowledge will assist the Trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise."
(CoA, 1993)

Known as the Daubert Standard it 'took over' the Frye test (1923 case involving admissibility of polygraph evidence) ...

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