Thursday, September 23, 2004

5th Circuit Upholds Exclusion of Polygraph

In an unpublished opinion, the Fifth Circuit has upheld the exclusion of exculpatory polygraph evidence in a criminal trial. "There was no plain error, as the record indicates that [the defendant] failed to establish that the examiner's testimony was relevant and that polygraph exams were accepted in the scientific community." See United States v. Lewis, No. 04-10102 (5th Cir. Sept. 22, 2004) (Garza, DeMoss, & Clement, JJ.).

posted by pn at 10:31 AM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.