Saturday, February 11, 2006

Kansas Supreme Court Rejects Polygraph Evidence in Civil Commitment Proceedings Under Sexually Violent Predator Act

In Kansas (a Frye state), the Supreme Court has ruled that polygraph evidence is inadmissible in commitment proceedings under the Kansas Sexually Violent Predator Act (KSVPA). See In re Foster, No. 91,324 (Kan. Sup. Ct. Feb. 3, 2006). The state argued that because proceedings under the KSVPA are civil in nature, polygraph evidence should be permitted, just as it is in Kansas probation revocation proceedings. The Foster court rejected that argument. In probation revocation hearings, a preponderance standard applies under Kansas law, and the issue is tried to the court. KSVPA cases, by contrast, are tried to a jury, and the standard of proof is beyond a reasonable doubt.

posted by pn at 5:57 PM  

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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.