<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dan3:
Civil or domestic<HR></BLOCKQUOTE>
Unless there is a stipulation to refer to, or enter the same into evidence, the answer is polygraphs cannot be used as evidence in either a Civil or Criminal trial. Polygraph or "lie detector" tests have long been considered unreliable and inadmissible. Absent a showing such tests have become generally accepted as reliable within the scientific community, they are precluded from admission. [See People v. Morris (1991) 53 Cal.3d 152, 193, 279 Cal.Rptr. 720, 742] Polygraph evidence is presumptively unreliable and inadmissible absent a showing that such tests have become generally accepted as reliable within the scientific community. [People v. Morris (1991) 53 Cal.3d 152, 193, 279 Cal.Rptr. 720, 742--polygraph evidence properly excluded where D failed to prove polygraph's acceptance in scientific community] However, under federal law's "flexible inquiry", unstipulated polygraph evidence is no longer per se inadmissible. [See United States v. Cordoba (9th Cir. 1997) 104 F.3d 225, 227-- which replaced the "per se rule" with "particularized" and "flexible" inquiry by trial judge]
In criminal cases, the results of a polygraph examination, the opinion of the examiner and any reference to the taking or offering to take such an examination are excluded in criminal proceedings . . . unless all parties stipulate to their admission. [Ca Evid § 351.1(a)] (But this does not exclude statements made by an accused during polygraph examination; see Ca Evid § 351.1(b).)
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