Friday, April 14, 2006

Washington Supreme Court Upholds Testimony re Penile Plethysmograph

No Frye hearing was required when a psychologist testified to results of a penile plethysmograph exam in proceedings under Washington's Sexually Violent Predators Act, the state's high court ruled yesterday. The test may have little value in predicting recividism, but it is an accepted method for diagnosing deviance, the court said. It was the respondent's psychopathy, in combination with his deviance, that supported the commitment verdict, the court explained. See In re Halgren, No. 76161-2 (Wash. Apr. 13, 2006).

posted by pn at 4:14 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.