TY - JOUR
T1 - The admissibility of polygraph evidence in English criminal proceedings
AU - Stockdale, Michael
AU - Grubin, Don
PY - 2012
Y1 - 2012
N2 - The belief that polygraph evidence is inadmissible in English criminal proceedings has as its basis a variety of common law exclusionary evidential rules. In reality, this view is backed up by very little English case law. Further, several of the relevant common law rules have been modified by statute, have become obsolescent or, dependent upon circumstances, may not always exclude polygraph. Moreover, it is necessary to distinguish expert evidence based on the pass-fail results of a polygraph examination (which, if admissible at all, would appear only to be admissible in very limited circumstances) from evidence of statements made by the subject of the polygraph examination (which may be admissible in a wider variety of circumstances).
AB - The belief that polygraph evidence is inadmissible in English criminal proceedings has as its basis a variety of common law exclusionary evidential rules. In reality, this view is backed up by very little English case law. Further, several of the relevant common law rules have been modified by statute, have become obsolescent or, dependent upon circumstances, may not always exclude polygraph. Moreover, it is necessary to distinguish expert evidence based on the pass-fail results of a polygraph examination (which, if admissible at all, would appear only to be admissible in very limited circumstances) from evidence of statements made by the subject of the polygraph examination (which may be admissible in a wider variety of circumstances).
U2 - 10.1350/jcla.2012.76.3.771
DO - 10.1350/jcla.2012.76.3.771
M3 - Article
SN - 1740-5580
VL - 76
SP - 232
EP - 253
JO - The Journal of Criminal Law
JF - The Journal of Criminal Law
IS - 3
ER -