Preview of Member Only Content
For full access: or Become a Member
Using Polygraph Evidence After Scheffer (Part 2)
By Charles Daniels
Thinking inside the box –
traditional approaches to courtroom use
Despite the clear exclusionary
trend, defense counsel are occasionally successful in making use of polygraph
evidence by using straightforward traditional approaches.
- The textbook Daubert approach. Some courts still can be persuaded to give you a hearing on
admissibility of the polygraph.1 Neither the decision of the Supreme
Court in Kumho Tire Co. v. Carmichael,2 nor any other legal
development has changed the Daubert hearing requirements, which at least
in theory apply to polygraph evidence.
- Use of stipulations.Since most jurisdictions still admit
polygraph evidence if the parties stipulate to it, this remains a viable
approach. There are theoretically two ways in which a polygraph can be admitted
by stipulation: by seeking a stipulation after the polygraph evidence is
obtained or by working out a stipulation in advance of administration of the
The first exists in theory only,
since both experienc
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.