CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Polygraph
............Willingness/Refusal to Take Test
7 Cards On This Topic:

Because of small role polygraph evidence played at trial, and weight of other evidence, Petitioner failed to meet high burden required to overturn his conviction.

Refusal to admit W polygraph evidence at penalty phase, where relaxed standards govern admission of mitigating evidence, violated D's due process rights.

No error in excluding D's agreeing to take polygraph under EC 351.1: A per se rule excluding such is a "'rational and proportional means of advancing the legitimate interest in barring unreliable evidence.'"

D could not present evidence of her willingness to take, and passing of polygraph test to contradict DA's claim she was uncooperative since polygraph evidence, absent stipulation by all, is not admissible.

Willingness to take polygraph properly excluded as not probative of innocence since test results are neither reliable nor admissible themselves.

Polygraph evidence and evidence of D's willingness to take polygraph not admissible.

Willingness/unwillingness to take polygraph not admissible.