[EMAIL PROTECTED] writes:


Hi Jackie,

You are wrong.  As Justice Stevens noted in his lone dissent the courts are
very selective in their willingness to use polygraph results.

Justice Thomas wrote the decision.  He was smart enough to avoid the lie
detector.  Anita Hill passed hers.

>Jackie Fellows <[EMAIL PROTECTED]> writes:
>
>
>Hi Sue
>
>Thanks for ferreting out pertinent info. for all of us.  I am not sure I
>read this right--my eyes might be biased <VBG>, but it seems the Supreme
>court is not willing to accept the idea that the polygraph is admissible.
>Am I correct in this??
>
>jackief
>
>Sue Hartigan wrote:
>
>> Sue Hartigan <[EMAIL PROTECTED]> writes:
>>
>> Hi Terry:
>>
>> There is simply no consensus that polygraph evidence is reliable: The
>> scientific
>> community and the state and federal courts are extremely
>> polarized on the matter. Pp. 4-9. (b) Rule 707 does not implicate
>> a sufficiently weighty interest of the accused to raise a
>> constitutional concern under this Court's precedents. The three
>> cases principally relied upon by the Court of Appeals, Rock,
>> supra, at 57, Washington v. Texas, 388 U.S. 14, 23, and Chambers
>> v. Mississippi, 410 U.S. 284, 302-303, do not support a right to
>> introduce polygraph evidence, even in very narrow circumstances.
>> The exclusions of evidence there declared unconstitutional
>> significantly undermined fundamental elements of the accused's
>> defense. Such is not the case here, where the court members heard
>> all the relevant details of the charged offense from respondent's
>> perspective, and Rule 707 did not preclude him from introducing
>> any factual evidence, but merely barred him from introducing
>> expert opinion testimony to bolster his own credibility.
>> Moreover, in contrast to the rule at issue in Rock, supra, at
>> 52, Rule 707 did not prohibit respondent from testifying on his
>> own behalf; he freely exercised his choice to convey his version
>> of the facts at trial. Pp. 11-14. THOMAS, J., announced the
>> judgment of the Court and delivered the opinion of the Court with
>> respect to Parts I, II-A, and II-D, in which REHNQUIST, C.J.,
>> and O'CONNOR, SCALIA, KENNEDY, SOUTER, GINSBURG, and BREYER,
>> JJ., joined, and an opinion with respect to Parts II-B and II-
>> C, in which REHNQUIST, C.J., and SCALIA and SOUTER, JJ.,
>> joined. KENNEDY, J., filed an opinion concurring in part and
>> concurring in the judgment, in which O'CONNOR, GINSBURG, and
>> BREYER, JJ., joined. STEVENS, J., filed a dissenting opinion.
>>
>> > Two rules in life:
>> >
>> > 1.  Don't tell people everything you know.
>> > 2.
>> >
>> > Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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>>
>> --
>> Two rules in life:
>>
>> 1.  Don't tell people everything you know.
>> 2.
>>
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>
>
>
>--
>In the sociology room the children learn
>that even dreams are colored by your perspective
>
>I toss and turn all night.    Theresa Burns, "The Sociology Room"
>
>
>
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>
Best,     Terry 

"Lawyer - one trained to circumvent the law"  - The Devil's Dictionary 



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