Preview

Polygraph Usage

Better Essays
Open Document
Open Document
2190 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Polygraph Usage
Polygraph Use i

Should Polygraphs be used in Court Rooms as Admissible Evidence?

Ebony Barr

Psychology and the Legal System FP 6010

Professor Neely

December , 2010

Polygraph Use ii

Abstract Polygraph is widely rejected as pseudoscience by the scientific community. Prior to 1998 state and county courts allowed or could allow polygraph evidence to be admissible evidence to convict or prove guilt. Polygraphs should not be used in Court Rooms, the accuracy of the test have not and are yet to be proven. Because polygraphs are not accurate and can be manipulated they should not be used in pretrial or during the trial. Polygraphs affect the mental health world because most scientists do not rely on them or do not agree that they should be used in a court of law. Also known as, a "lie detector," the polygraph has a controversial history in U.S. law. First developed in the late nineteenth century, its modern incarnation is an electromechanical device that is attached to a subject's body during an interview. The discipline of polygraph is based on the theory that by recording involuntary physiological changes in the subject, the polygraph yields data that can be interpreted to determine whether the subject is telling the truth. The paper will support the opinion that polygraph test should not be admissible in court as evidence.

Polygraph Use 1
Should Polygraphs be used in Court Rooms as Admissible Evidence?

A polygraph which is often referred to as a lie detector test is an instrument that measures and records several physiological indices such as blood pressure, pulse, respiration, breathing rhythms/ratios, and skin conductivity. The subject is asked series of questions; and it is believed that the deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers. Polygraphs were being used outside the court room and inside as well. Polygraphs



References: “Conviction of Sex Offenders and Polygraph Testing” www.nmsc.state.nm.us Accessed December 1, 2010 Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) Frye v. United States, 54 App. D. C. 46, 293 F. 1013. No. 3968, (1923) Rock v. Arkansas, 483 U.S. 44, 55, Washington v. Texas, 388 U.S. 14, 23, and Chambers v. Mississippi, 410 U.S. 284, 302—303 United States v. Scheffer, (1998)

You May Also Find These Documents Helpful

  • Good Essays

    Stone v. Powell (1976) was convicted of murder in the state of California. Powell claimed that the search against him was unlawful so the gun found on him should have been inadmissible in court. He tried to file a writ of habeas corpus but a state prisoner is not granted that right since the state provided him with a full and…

    • 1275 Words
    • 6 Pages
    Good Essays
  • Good Essays

    David Zevin Analysis

    • 138 Words
    • 1 Page

    Do you Know brain imaging (fMRI) can be used to lie detection? As a Neuroscientist Moheb Costandi provides his commentary in Seed Magazine on that,” functional magnetic resonance imaging (fMRI) data as evidence that a key witness was telling the truth.”(1)…

    • 138 Words
    • 1 Page
    Good Essays
  • Better Essays

    Hodel Vs Irving Summary

    • 4767 Words
    • 20 Pages

    3. Hodel v. Irving - (1987) Indian land was being divided under an allotment policy and fractional ownership developed. People were owning 1/100th of a parcel of land and rental income bookkeeping was expensive. So congress said anyone who’d inherit less than 2% or income and less than $100 a year lost his inheritance and it escheated to the tribe. Irving sued because it was taking his property right to give it to his…

    • 4767 Words
    • 20 Pages
    Better Essays
  • Better Essays

    Deborah Evans Met Aaron Conway and his wife Barb Conway five years ago as part of the religious sect Canyon County Family Society that has existed for 25 years with 120 members, which is part of the Mormon Church which strongly believes in polygamist marriages. Ms. Evans moved in with the Conway’s two years ago, in which time Mr. Conway and Ms. Evans began dating even though he has been married to his wife Barb for 10 years, and have five children together. In 2011Mr. Conway decided he wanted to be married to Deborah Evans as well for a second wife, as it is part of their religious beliefs to do and applied for a marriage license in canyon County, Utah. Mr. Conway and Ms. Evans then proceeded to the county clerk’s office and applied for their marriage license where they were denied, and informed at that point that polygamy in the state of Utah is not legal, and since Mr. Conway was already married, they could not get a marriage license. The Conway’s and Ms. Evans at this point sued the state of Utah in trial court for their right to practice polygamy based off of their religious beliefs. The trial court ruled against them, and denied the group the marriage license. At this point the Conway’s and Ms. Evans would like to appeal the trial court decision.…

    • 1347 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Cooper V. Austin

    • 864 Words
    • 4 Pages

    Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)…

    • 864 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Cvsa

    • 1030 Words
    • 5 Pages

    Before we discuss what methods and techniques are available to be used in an effort to “beat” the polygraph, we need to discuss what the polygraph is and how it works. The polygraph is a deception detection device. The way it works is the subject is connected to the machine through a series of wires that are attached to the subject at various points of the body. It monitors physiological changes such as heart rate, breathing, blood pressure, and even sweating. The reason these bodily functions are monitored is because they are normally incontrollable. Before the beginning of the test, the examiner will ask some basic questions in order to establish a base line with which to compare the responses that are received during the test. Once the test starts, if any of the monitored items fluctuate then the examiner may determine that the subject is being deceptive (Alder, 2009).…

    • 1030 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The roles and ethical dilemmas of psychologists as exert witnesses in our court system are undeniably ambiguous. These issues of morality can be seen throughout many case studies. When forensic psychologists or psychiatrist provide expert testimony in court they’re supposed to be objective and not use bias judgment. But is it possible for them to stay equitable without having any biases towards the side that hired them – either the prosecution or the defense. When the law meets psychology, it’s important that we keep in mind the purpose of the expert’s testimony because there is always a chance that an expert can manipulate jury members and judges into bias decisions by forcing their own biases onto them.…

    • 1525 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Frank, M. G. & Ekman, P. (1997). The ability to detect deceit generalizes across different types of high-stake lies. Journal of Personality and Social Psychology, 72(6), pp.1429-1439.…

    • 1246 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Civil Rights

    • 1045 Words
    • 5 Pages

    403 U.S. 217; 91 S. Ct. 1940; 29 L. Ed. 2d 438; 1971 U.S. LEXIS 27…

    • 1045 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Lie detector is basicly the sidekick of the twenty first century. Lie detectors tell the truth 80-90% of the time. It was not until 1914 and 1915 when the first lie detector came out. That was many years ago so they would have innovated it to make it more reliable. Lie detectors work by measuring breathing, pulse, and galvanic skin response.…

    • 491 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    How to Spot a Liar

    • 371 Words
    • 2 Pages

    If you suspected a friend were lying to you, what would you do to confirm your suspicion? Most of us would listen more carefully to what the person says, and try to “catch” him or her saying a slip or something contradictory. Most liars are experienced they've been practicing for a long time. They are very careful about what they say; therefore, they seldom make a slip. To spot a liar stop paying attention to what is said. Instead, |…

    • 371 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Ethics: an Overview

    • 673 Words
    • 3 Pages

    1) Polygraph testing began in the early 20th century. The first celebrated case using a polygraph test was the Lindberg baby kidnapping. Polygraph tests a popular among the branches of law enforcement (FBI, CIA and Homeland Security). There are distinct advantages and disadvantages to utilizing polygraph tests in the workplace. The advantages to using a polygraph test in the workplace are that the test allows the individual(s) in question to give “their side of the story.” It protects the organization from being discriminatory towards and particular group or faith. It shows employees that the organization is willing to go to great lengths to find out what has occurred. This type of action should be recorded into the employee manual to protect against any future issues. The disadvantages to polygraph testing are that employees may see the test as an infringement of their rights. The employee may refuse to take the test, especially if it is not part of company policy. The testing could be manipulated to reflect a desired outcome. The testing is not admissible as evidence on a court of law in most states.…

    • 673 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A polygraph test sometimes called a lie-detector test is a device that records physical human variations in physiological processes such as cardiovascular (heartbeat and blood pressure), respiratory and perspiration patterns. The findings are analyzed and judge as to the honesty or dishonesty of the person trying to get a job.…

    • 1095 Words
    • 4 Pages
    Good Essays
  • Good Essays

    How to Catch a Liar

    • 495 Words
    • 2 Pages

    Date: 11/23/2011 To: From: Re: Informative Speech Outline 2 Topic: How to catch a liar Audience Analysis: Because people are dishonest and many members of my audience have difficulties intuitively picking up on dishonesty, I will offer behaviors that suggest deception. General Purpose: To inform Specific Purpose: To inform my audience on how to catch a liar. Thesis: Liars leak expressions that give clues to their deceit and knowing how to read these clues will assist in how best to handle any given situation. INTRODUCTION I. Story of my best friend lying to me about her pregnancy. II. We get lied to all the time. People are dishonest out of politeness, to avoid punishment, to protect others, or for personal gain. Liars leak non-verbal information that slip out without being realized. III. Acknowledging these deceptive clues will help to determine the truth. IV. I will discuss several micro and suppressed expressions (genuine emotions that flash across someone’s face in one-fifth of a second) that suggest deceit. BODY I. Knowing the person’s baseline behavior and then evaluating their gesture cluster will benefit your search for the truth. A. Analyze any differences between the person’s current behavior and their normal behaviors. B. Observe their gesture cluster; the person’s movements, postures, and actions. C. If you are not familiar with the person, be aware of their gesture cluster and make note of the following clues to help you determine if they are, in fact, lying. II. It’s likely the person is lying if you notice he/she experiencing: A. inconsistencies between what’s being said and his/her body language. B. an increased blink rate or eyelid flutter. C. a downward gaze after asserting innocence. D. shorter or less descriptive statements. E. a decrease in his/her gestures. F. fidgeting feet that shuffle, stretch, curl, or kick out. G. face touching especially around the mouth and nose. I. discrepancies in timing e.g. quick or lengthy responses. J.…

    • 495 Words
    • 2 Pages
    Good Essays
  • Good Essays

    How to Detect Lies

    • 615 Words
    • 3 Pages

    The following techniques to telling if someone is lying are often used by police, and security experts. This knowledge is also useful for managers, employers, and for anyone to use in everyday situations where telling the truth from a lie can help prevent you from being a victim of fraud/scams and other deceptions.…

    • 615 Words
    • 3 Pages
    Good Essays

Related Topics