CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Polygraph
............Use in Crim Cases
 15 Cards On This Topic:
  • Polygraph evidence not admissible in criminal proceedings without stipulation.
  • Military rule of evidence making polygraph evidence inadmissible in court martials does not unconstitutionally abridge right to present defense.
  • Harmless error to admit DA's evidence of witness's taking polygraph test.
  • Rule embodied in EC 351.1 has equal application to noncapital and capital trials and to both guilt and penalty phases of the latter: no less imperative to prevent unreliable evidence from penalty phase than guilt phase.
  • Because of PC §351.1 categorical prohibition on admitting polygraph evidence, court did not err in refusing to hold Kelly/Frye hearing re D's claim that offenses resulted from her unknowing, involuntary ingestion of drugs.
  • DA asking W about polygraph exam not reversible error where there was no pattern of conduct so egregious as to rendered trial fundamentally unfair, question stricken and jury admonished.
  • Policies dictating exclusion of polygraph results fully applicable to sentencing phase of death penalty trial.
  • Operator administering polygraph test incompetent to testify as to its acceptance in relevant scientific community (Kelly Test).
  • Trial court properly sustained objection to introduction of polygraph evidence in capital case due to D's failure to establish acceptance in scientific community.
  • Party has no due process right to present test results based on techniques not generally accepted as scientifically reliable.
  • Reversible error to admit police-coerced witness statement naming D as killer and in admitting evidence W failed lie detector test before changing story to incriminate D.
  • Exclusion of polygraph testimony without holding Evid. Code §402 hearing held error.
  • Polygraph evidence and evidence of D's willingness to take polygraph not admissible.
  • Prior to Witherspoon, law in Cal. was that polygraph evidence not admissible absent stipulation.
  • Polygraph admissible in criminal cases by stipulation.


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