Position on the Polygraph, Frye, and Daubert Test.

I do believe polygraph testing should be admissible in court as its methods have resulted in proven scientific facts that display the way the human body reacts while answering a series of particular questions. Furthermore, scientist have positively demonstrated that the systolic blood pressure within the human body will in fact increase dramatically when an individual becomes nervous or anxious as a result of being asked these particular questions that are designed to cause the individual to hesitate, become deceptive, or when trying to conceal certain facts that may self incriminate.

In addition to believing the Frye test should be admissible in court, the Daubert test in my opinion is a more appropriate method for determining truth and should be implemented more on a wide-scale basis. Expert witnesses have a great deal to lose, gain and nothing to hide in court. Moreover, expert witnesses may be more reliable and offer a great deal of professional information as a result of the professional earning bragging rights while trying to make a name for themselves. Most experts are bragginists as a result of their expert knowledge. With this being said, defense attorneys and prosecutors have the ability to hire experts in the field on any given issue. One major problem I see with the use of expert witnesses is the fact they are hired hands from both sides of the court room and are therefore working to make the case for the defense or prosecutor. Another problem I foresee is the lack of available funding by most court appointed defense attorneys when compared to prosecutors who have more funding to work with.

The potential testimony that can be used by either the Frye or Daubert test could have a detrimental impact on the end results of any given case. In the event the individual who is performing the polygraph test interprets the results inaccurately a jury or Judge could be persuaded toward handing out a guilty verdict. With the Daubert test, nothing more could be incriminating then a professional witness given testimony in favor of or against a defendant. In either situation, the defendant or victims are going to be relying on the outcome of a scientific method of testing or professionals who are hired by the opposite party.