scheffer
argued
november
decided
march
held
judgment
reversed
reversed
justice
thomas
delivered
opinion
respect
parts
concluding
military
rule
evidence
unconstitutionally
abridge
right
accused
members
military
present
defense
pp
defendant
right
present
relevant
evidence
subject
reasonable
restrictions
accommodate
legitimate
interests
criminal
trial
process
see
rock
arkansas
state
federal
rulemakers
therefore
broad
latitude
constitution
establish
rules
excluding
evidence
rules
abridge
accused
right
present
defense
long
arbitrary
disproportionate
purposes
scheffer
syllabus
designed
serve
found
exclusion
evidence
unconstitutionally
arbitrary
disproportionate
infringed
upon
weighty
interest
accused
see
rule
serves
legitimate
interest
ensuring
reliable
evidence
introduced
simply
consensus
polygraph
evidence
reliable
scientific
community
state
federal
courts
extremely
polarized
matter
pp
rule
implicate
sufficiently
weighty
interest
accused
raise
constitutional
concern
precedents
three
cases
principally
relied
upon
appeals
rock
supra
washington
texas
chambers
mississippi
support
right
introduce
polygraph
evidence
even
narrow
circumstances
exclusions
evidence
declared
unconstitutional
significantly
undermined
fundamental
elements
accused
defense
case
members
heard
relevant
details
charged
offense
respondent
perspective
rule
preclude
introducing
factual
evidence
merely
barred
introducing
expert
opinion
testimony
bolster
credibility
moreover
contrast
rule
issue
rock
supra
rule
prohibit
respondent
testifying
behalf
freely
exercised
choice
convey
version
facts
trial
pp
thomas
announced
judgment
delivered
opinion
respect
parts
rehnquist
scalia
kennedy
souter
ginsburg
breyer
joined
opinion
respect
parts
rehnquist
scalia
souter
joined
kennedy
filed
opinion
concurring
part
concurring
judgment
ginsburg
breyer
joined
stevens
filed
dissenting
opinion
opinion
thomas
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
ington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
scheffer
opinion
thomas
spondent
denied
using
drugs
since
joining
air
force
april
respondent
unaccountably
failed
appear
work
found
base
sent
without
leave
may
iowa
state
trolman
arrested
following
routine
traffic
stop
held
return
base
osi
agents
later
learned
respondent
urinalysis
revealed
presence
methamphetamine
respondent
tried
general
charges
using
methamphetamine
failing
go
appointed
place
duty
wrongfully
absenting
base
days
respect
lated
matter
uttering
insufficient
funds
checks
testified
trial
behalf
relying
upon
cent
ingestion
theory
denying
knowingly
used
drugs
working
osi
prosecution
attempted
impeach
respondent
inconsistencies
trial
testimony
earlier
statements
made
osi
respondent
sought
introduce
polygraph
evidence
support
testimony
knowingly
use
drugs
military
judge
denied
motion
relying
military
rule
evidence
provides
relevant
part
notwithstanding
provision
law
results
polygraph
examination
opinion
polygraph
examiner
reference
offer
take
failure
take
taking
polygraph
nation
shall
admitted
evidence
osi
examiner
asked
three
relevant
questions
since
air
force
lied
drug
information
given
osi
besides
parents
told
anyone
assisting
osi
respondent
answered
question
app
cite
opinion
thomas
military
judge
determined
rule
constitutional
president
may
rules
evidence
determine
credibility
area
fact
finder
needs
help
polygraph
process
sufficient
scientific
acceptability
relevant
app
reasoned
factfinder
might
give
undue
weight
polygraph
examiner
testimony
collateral
arguments
evidence
consume
inordinate
amount
time
expense
ibid
respondent
convicted
counts
sentenced
discharge
confinement
months
total
forfeiture
pay
allowances
reduction
lowest
enlisted
grade
air
force
criminal
appeals
affirmed
material
respects
explaining
rule
arbitrarily
limit
accused
ability
present
reliable
evidence
en
banc
vote
appeals
armed
forces
reversed
without
pointing
particular
language
sixth
amendment
appeals
held
per
se
exclusion
polygraph
evidence
offered
accused
rebut
attack
credibility
violates
sixth
amendment
right
present
defense
judge
crawford
dissenting
stressed
defendant
right
present
relevant
evidence
absolute
relevant
evidence
excluded
valid
reasons
rule
supported
number
valid
justifications
granted
certiorari
reverse
ii
defendant
right
present
relevant
evidence
unlimited
rather
subject
reasonable
restrictions
see
taylor
illinois
rock
arkansas
chambers
mississippi
defendant
interest
presenting
evidence
may
thus
accommodate
legitimate
interests
criminal
trial
process
rock
supra
quoting
chambers
supra
accord
michigan
lucas
result
state
federal
rulemakers
broad
latitude
constitution
establish
rules
excluding
evidence
criminal
trials
rules
abridge
accused
right
present
defense
long
arbitrary
disproportionate
purposes
designed
serve
rock
supra
accord
lucas
supra
moreover
found
exclusion
evidence
unconstitutionally
arbitrary
disproportionate
infringed
upon
weighty
est
accused
see
rock
supra
chambers
supra
washington
texas
rule
serves
several
legitimate
interests
criminal
trial
process
interests
include
ensuring
reliable
evidence
introduced
trial
preserving
jury
role
determining
credibility
avoiding
litigation
collateral
primary
purpose
trial
rule
neither
arbitrary
disproportionate
promoting
ends
implicate
sufficiently
weighty
interest
defendant
raise
constitutional
concern
precedents
state
federal
governments
unquestionably
legitimate
interest
ensuring
reliable
evidence
presented
trier
fact
criminal
trial
indeed
exclusion
unreliable
evidence
principal
objective
many
evidentiary
rules
see
fed
rule
evid
fed
rule
evid
fed
rule
evid
see
also
daubert
merrell
dow
pharmaceuticals
contentions
respondent
dissent
notwithstanding
simply
consensus
polygraph
evidence
reliable
day
scientific
community
remains
extremely
polarized
reliability
poly
graph
techniques
faigman
kaye
saks
sanders
modern
scientific
evidence
see
also
giannelli
imwinkelried
scientific
evidence
pp
ed
hereinafter
giannelli
imwinkelried
strong
mccormick
evidence
ed
hereinafter
mccormick
studies
concluded
polygraph
tests
overall
accurate
reliable
see
abrams
complete
polygraph
handbook
reporting
overall
accuracy
rate
laboratory
studies
involving
common
control
question
technique
polygraph
range
percent
others
found
polygraph
tests
assess
truthfulness
significantly
less
scientific
field
studies
suggest
accuracy
rate
control
question
technique
polygraph
little
better
obtained
toss
coin
percent
see
iacono
lykken
scientific
status
research
polygraph
techniques
case
polygraph
tests
modern
scientific
evidence
supra
hereinafter
iacono
lykken
lack
scientific
consensus
reflected
disagreement
among
state
federal
courts
concerning
admissibility
reliability
polygraph
evidence
although
federal
courts
appeal
abandoned
per
se
rule
excluding
polygraph
evidence
leaving
admission
exclusion
discretion
district
courts
daubert
see
posado
cordoba
least
one
federal
circuit
recently
reaffirmed
per
se
ban
see
sanchez
another
recently
noted
decided
whether
polygraphy
reached
sufficient
state
reliability
admissible
messina
maintain
per
se
rules
excluding
polygraph
evidence
see
state
porter
people
gard
odell
ri
per
curiam
perkins
state
app
tex
new
mexico
unique
making
polygraph
evidence
generally
admissible
without
prior
stipulation
parties
without
significant
restriction
see
rule
evid
whatever
approach
state
federal
courts
continue
express
doubt
whether
evidence
reliable
see
messina
supra
posado
supra
state
porter
supra
perkins
state
supra
people
gard
supra
odell
supra
approach
taken
president
adopting
rule
excluding
polygraph
evidence
military
rational
proportional
means
advancing
legitimate
interest
barring
unreliable
evidence
although
degree
reliability
polygraph
evidence
may
depend
upon
variety
identifiable
factors
simply
way
know
particular
case
whether
polygraph
examiner
conclusion
accurate
certain
doubts
uncertainties
plague
even
best
polygraph
exams
individual
jurisdictions
therefore
may
reasonably
reach
differing
conclusions
whether
polygraph
evidence
admitted
say
sented
widespread
uncertainty
president
acted
arbitrarily
disproportionately
promulgating
per
se
rule
excluding
polygraph
evidence
equally
clear
rule
serves
second
legitimate
governmental
interest
preserving
jury
core
function
making
credibility
determinations
criminal
trials
fundamental
premise
criminal
trial
system
jury
lie
detector
barnard
emphasis
added
cert
denied
determining
weight
credibility
witness
testimony
therefore
long
held
part
every
case
belongs
jury
presumed
fitted
natural
intelligence
practical
knowledge
men
ways
men
aetna
life
ins
ward
nature
polygraph
evidence
may
diminish
jury
role
making
credibility
determinations
common
form
polygraph
test
measures
variety
physiological
responses
set
questions
asked
examiner
interprets
physiological
correlates
anxiety
offers
opinion
jury
whether
witness
often
case
deceptive
answering
questions
matters
issue
trial
see
mccormick
unlike
expert
witnesses
testify
factual
matters
outside
jurors
knowledge
analysis
fingerprints
ballistics
dna
found
crime
scene
polygraph
expert
supply
jury
another
opinion
addition
whether
witness
telling
truth
jurisdictions
promulgating
rules
evidence
may
legitimately
concerned
risk
juries
give
excessive
weight
opinions
polygrapher
clothed
scientific
expertise
times
offering
respondent
case
conclusion
ultimate
issue
trial
jurisdictions
may
legitimately
determine
aura
infallibility
attending
polygraph
evidence
lead
jurors
abandon
duty
assess
credibility
guilt
jurisdictions
may
also
take
account
fact
judge
determine
ruling
motion
admit
polygraph
evidence
whether
particular
polygraph
expert
likely
influence
jury
unduly
reasons
president
within
constitutional
prerogative
promulgate
per
se
rule
simply
excludes
evidence
third
legitimate
interest
served
rule
avoiding
litigation
issues
guilt
innocence
accused
collateral
litigation
prolongs
criminal
trials
threatens
distract
jury
central
function
determining
guilt
innocence
allowing
proffers
polygraph
evidence
inevitably
entail
assessments
issues
whether
test
control
questions
appropriate
whether
particular
polygraph
examiner
qualified
properly
interpreted
physiological
responses
whether
factors
countermeasures
employed
examinee
distorted
exam
results
assessments
required
every
case
thus
offends
constitutional
principle
president
conclude
per
se
rule
excluding
polygraph
evidence
appropriate
litigation
admissibility
polygraph
evidence
nature
collateral
per
se
rule
prohibiting
admission
arbitrary
disproportionate
means
avoiding
three
precedents
upon
appeals
principally
relied
rock
arkansas
washington
texas
chambers
mississippi
support
right
introduce
polygraph
evidence
even
narrow
circumstances
exclusions
evidence
declared
unconstitutional
cases
significantly
undermined
fundamental
elements
accused
defense
case
rock
defendant
accused
killing
eyewitness
allegedly
able
remember
facts
killing
memory
notically
refreshed
see
rock
arkansas
arkansas
excluded
hypnotically
refreshed
testimony
defendant
unable
testify
certain
relevant
facts
including
whether
killing
accidental
see
id
holding
exclusion
evidence
violated
defendant
right
present
defense
noted
rule
deprived
jury
testimony
witness
scene
firsthand
knowledge
facts
see
id
moreover
rule
infringed
upon
accused
interest
testifying
defense
interest
deemed
particularly
significant
defendant
target
criminal
prosecution
see
reason
stated
accused
allowed
present
version
events
words
ibid
washington
statutes
involved
prevented
codefendants
crime
testifying
one
another
thus
precluded
accused
introducing
accomplice
testimony
accomplice
fact
committed
crime
see
washington
texas
reversing
washington
conviction
held
sixth
amendment
violated
state
arbitrarily
denied
accused
right
put
stand
witness
physically
mentally
capable
testifying
events
personally
observed
chambers
found
due
process
violation
combined
application
mississippi
common
law
voucher
rule
prevented
party
impeaching
witness
hearsay
rule
excluded
testimony
three
persons
witness
confessed
see
chambers
mississippi
chambers
specifically
confined
holding
facts
circumstances
presented
case
thus
stressed
ruling
signal
diminution
respect
traditionally
accorded
establishment
implementation
criminal
trial
rules
procedures
id
chambers
therefore
stand
proposition
accused
denied
fair
opportunity
defend
whenever
state
federal
rule
excludes
favorable
evidence
rock
washington
chambers
require
rule
invalidated
unlike
evidentiary
rules
issue
cases
rule
implicate
significant
interest
accused
members
heard
relevant
details
charged
offense
perspective
accused
rule
preclude
introducing
factual
evidence
rather
respondent
barred
merely
troducing
expert
opinion
testimony
bolster
credibility
moreover
contrast
rule
issue
rock
rule
prohibit
respondent
testifying
behalf
freely
exercised
choice
convey
version
facts
members
therefore
conclude
respondent
defense
significantly
impaired
exclusion
polygraph
evidence
rule
thus
constitutional
precedents
foregoing
reasons
military
rule
evidence
unconstitutionally
abridge
right
present
defense
judgment
appeals
reversed
ordered
per
se
exclusion
wise
later
case
might
present
compelling
case
introduction
testimony
one
though
considerable
discretion
given
trial
admitting
excluding
scientific
evidence
stitutional
mandate
see
daubert
merrell
dow
legal
information
institute
project
hermes
image
parts
opinion
pdf
versions
related
documents
bench
copy
opinion
kennedy
scheffer
opinion
kennedy
ceuticals
tension
rule
holding
today
justice
stevens
points
much
inconsistency
government
extensive
use
polygraphs
make
vital
security
determinations
argument
makes
stressing
inaccuracy
tests
respect
moreover
seems
principal
opinion
overreaches
rests
holding
additional
ground
jury
role
making
credibility
determinations
diminished
hears
polygraph
evidence
substantial
agreement
justice
stevens
observation
argument
demeans
mistakes
role
competence
jurors
deciding
factual
question
guilt
innocence
post
last
analysis
principal
opinion
says
unwise
allow
jury
hear
conclusion
ultimate
issue
trial
ante
thought
tired
argument
long
since
given
deserved
repose
categorical
rule
exclusion
rule
federal
rules
evidence
except
provided
subdivision
testimony
form
opinion
inference
otherwise
admissible
objectionable
embraces
ultimate
issue
decided
trier
fact
advisory
committee
notes
state
older
cases
often
contained
strictures
allowing
witnesses
express
opinions
upon
ultimate
issues
particular
aspect
rule
opinions
rule
unduly
restrictive
difficult
application
generally
served
deprive
trier
fact
useful
information
wigmore
mccormick
basis
usually
assigned
rule
prevent
witness
province
jury
aptly
characterized
rhetoric
wigmore
advisory
committee
notes
fed
rule
evid
cite
opinion
kennedy
principal
opinion
made
less
convincing
contradicting
rationale
rule
well
considered
reasons
advisory
committee
recited
support
adoption
attempt
revive
outmoded
theory
especially
inapt
context
military
justice
system
one
narrow
exception
abolition
ultimate
issue
rule
still
surviving
federal
rules
evidence
omitted
corresponding
rule
adopted
military
ultimate
issue
exception
federal
rules
evidence
follows
expert
witness
testifying
respect
mental
state
condition
defendant
criminal
case
may
state
opinion
inference
whether
defendant
mental
state
condition
constituting
element
crime
charged
defense
thereto
ultimate
issues
matters
trier
fact
alone
fed
rule
evid
drafting
committee
military
rules
evidence
renounced
even
remnant
said
statutory
qualifications
military
members
reduce
risk
military
members
unduly
influenced
presentation
ultimate
opinion
testimony
psychiatric
experts
manual
analysis
military
rules
evidence
supposed
need
protect
role
finder
fact
diminished
even
specific
acknowledgment
members
military
courts
likely
give
excessive
weight
opinions
experts
otherwise
misled
confused
testimony
neither
federal
system
military
courts
convincing
say
polygraph
test
results
excluded
lingering
concern
usurping
jury
responsibility
decide
ultimate
issues
petitioner
edward
scheffer
writ
certiorari
appeals
armed
forces
march
justice
stevens
dissenting
military
appeals
held
president
violated
constitution
june
promulgated
rule
military
rules
evidence
member
decided
question
without
first
requiring
parties
brief
argue
antecedent
question
whether
rule
violates
article
uniform
code
military
justice
presently
advised
persuaded
rule
violate
statute
held
invalid
reason
also
agree
appeals
rule
unconstitutional
contrary
holding
rests
serious
undervaluation
importance
citizen
constitutional
right
present
defense
criminal
charge
unrealistic
appraisal
importance
governmental
interests
undergird
rule
discussing
constitutional
issue
shall
comment
briefly
statutory
question
rule
blanket
rule
exclusion
matter
reliable
probative
results
polygraph
test
may
rule
categorically
denies
defendant
opportunity
persuade
evidence
received
purpose
indeed
even
parties
stipulate
advance
results
lie
detector
test
may
admitted
rule
requires
exclusion
principal
charge
respondent
case
knowingly
used
methamphetamine
principal
defense
innocent
ingestion
even
urinalysis
test
conducted
april
correctly
indicated
ingest
substance
claims
unaware
fact
results
lie
detector
test
conducted
three
days
later
accurate
constitute
factual
evidence
physical
condition
time
consistent
theory
defense
inconsistent
theory
prosecution
results
also
relevant
tended
confirm
credibility
testimony
rule
even
results
polygraph
test
reliable
results
urinalysis
weaker
evidence
admissible
stronger
evidence
inadmissible
discredited
reasoning
case
decided
years
ago
frye
app
anomalous
result
also
reached
cases
tried
federal
courts
recent
years
however
repudiated
frye
general
approach
scientific
evidence
federal
courts
also
engaged
process
rejecting
view
lie
detector
evidence
categorically
inadmissible
well
reasoned
opinions
concluding
consistently
decisions
daubert
merrell
dow
pharmaceuticals
general
electric
joiner
federal
rules
wisely
allow
district
judges
exercise
broad
discretion
evaluating
admissibility
scientific
evidence
opinions
correctly
observe
rules
evidence
generally
recognized
trial
civil
criminal
cases
federal
courts
contain
blanket
prohibition
admissibility
polygraph
evidence
accord
modern
trend
decisions
admissibility
issue
military
appeals
held
accused
entitled
attempt
lay
foundation
admission
favorable
polygraph
evidence
gipson
president
responded
gipson
adopting
rule
governing
statute
authorized
promulgate
evidentiary
rules
shall
far
considers
practicable
apply
principles
law
rules
evidence
generally
recognized
trial
criminal
cases
district
courts
thus
military
concerns
warrant
special
rule
military
tribunals
statute
gives
ample
authority
promulgate
special
rules
take
concerns
account
rule
counterpart
either
federal
rules
evidence
federal
rules
criminal
procedure
moreover
extent
use
lie
detector
plays
special
role
military
establishment
military
practices
favorable
rule
admissibility
less
structured
use
lie
detectors
civilian
sector
society
military
carefully
regulates
administration
polygraph
tests
ensure
reliable
results
military
maintains
stringent
standards
polygraph
examiners
established
polygraph
institute
generally
considered
best
training
facility
polygraph
examiners
military
administered
hundreds
thousands
tests
routinely
uses
results
wide
variety
official
decisions
stated
reasons
adoption
rule
rely
special
military
concern
merely
invoke
three
interests
interest
excluding
unreliable
evidence
interest
protecting
trier
fact
misled
unwarranted
assumption
polygraph
evidence
aura
near
infallibility
interest
avoiding
collateral
debates
admissibility
particular
test
results
seems
clear
interests
pose
less
serious
concerns
military
civilian
context
disputes
qualifications
examiners
equipment
testing
procedures
seldom
arise
respect
tests
conducted
military
moreover
surely
reason
assume
military
personnel
perform
function
less
competent
ordinary
jurors
assess
reliability
particular
results
relevance
issues
thus
identifiable
military
concern
justifies
president
promulgation
special
military
rule
burdensome
defendants
military
trials
evidentiary
rules
applicable
trial
civilians
therefore
seems
fairly
clear
rule
comply
statute
rest
ground
however
briefing
might
persuade
change
views
decided
constitutional
question
ii
opinion
barely
acknowledges
person
accused
crime
constitutional
right
present
defense
necessary
point
particular
language
sixth
amendment
ante
support
conclusion
right
firmly
established
however
appropriate
comment
importance
right
discussing
three
interests
government
relies
upon
justify
rule
sixth
amendment
provides
accused
shall
enjoy
right
compulsory
process
obtaining
witnesses
favor
right
essential
attribute
adversary
system
repeatedly
stated
rights
fundamental
accused
present
witnesses
defense
according
joseph
story
provision
included
bill
rights
reaction
notorious
rule
categorically
excluding
defense
evidence
treason
felony
cases
holding
washington
texas
right
applicable
rested
premises
plain
terms
right
present
defense
fundamental
element
due
process
law
consistent
history
provision
case
held
state
rule
evidence
excluded
whole
categories
testimony
basis
presumption
unreliability
unconstitutional
blanket
rule
inadmissibility
held
invalid
washington
texas
covered
testimony
alleged
accomplices
decision
recognized
potential
injustice
produced
rules
exclude
entire
categories
relevant
evidence
potentially
unreliable
common
law
interested
parties
defendants
spouses
conspirators
competent
witnesses
named
grounds
exclusion
witness
stand
conviction
crime
want
religious
belief
matters
held
sufficient
indeed
theory
common
law
admit
witness
stand
presumably
honest
appreciating
sanctity
oath
unaffected
party
result
free
temptations
interest
courts
afraid
trust
intelligence
jurors
benson
course
regime
established
frye
scientific
evidence
inadmissible
unless
met
stringent
general
acceptance
test
years
respect
category
category
strict
rules
exclusion
replaced
rules
broaden
discretion
trial
judges
admit
potentially
unreliable
evidence
allow
properly
instructed
juries
evaluate
weight
trend
included
rulemaking
nonconstitutional
judicial
decisions
direction
trend
consistent
manifested
constitutional
holdings
well
commenting
trend
followed
decision
benson
observed
years
elapsed
since
decision
benson
case
disposition
courts
legislative
bodies
remove
disabilities
witnesses
continued
decision
shows
going
forward
dominance
conviction
time
truth
likely
arrived
hearing
testimony
persons
competent
understanding
may
seem
knowledge
facts
involved
case
leaving
credit
weight
testimony
determined
jury
rather
rejecting
witnesses
incompetent
result
principle
come
widely
almost
universally
accepted
country
great
britain
rosen
see
also
funk
case
involving
disqualification
spousal
testimony
justice
stewart
stated
rule
impedes
discovery
truth
law
impedes
well
justice
hawkins
stewart
concurring
state
evidentiary
rules
may
seriously
impede
discovery
truth
well
justice
preclude
meaningful
opportunity
present
complete
defense
guaranteed
constitution
crane
kentucky
internal
quotation
marks
omitted
chambers
mississippi
concluded
constitutional
rights
directly
affecting
ascertainment
guilt
implicated
hearsay
rule
may
applied
mechanistically
defeat
ends
justice
notes
today
restrictions
defendant
right
present
relevant
evidence
ante
must
comply
admonition
rock
arkansas
may
arbitrary
disproportionate
purposes
designed
serve
applying
admonition
arkansas
blanket
rule
prohibiting
admission
hypnotically
refreshed
testimony
concluded
state
legitimate
interest
barring
unreliable
evidence
extend
per
se
exclusions
may
reliable
individual
case
statement
constitutional
law
directly
relevant
case
iii
constitutional
requirement
blanket
exclusion
potentially
unreliable
evidence
must
proportionate
purposes
served
rule
obviously
makes
necessary
evaluate
interests
sides
balance
today
ignores
strength
defendant
interest
polygraph
evidence
admitted
certain
cases
facts
case
illustrate
quite
wrong
assuming
impact
rule
respondent
defense
significant
preclude
introduction
factual
evidence
prevent
conveying
version
facts
members
ante
reasoning
rule
excluded
testimony
alibi
witnesses
significant
long
defendant
free
testify
given
defendant
strong
interest
interest
sufficient
make
testimony
presumptively
untrustworthy
therefore
inadmissible
common
uncorroborated
testimony
certain
less
persuasive
witness
rule
bars
introducing
expert
opinion
testimony
bolster
credibility
unquestionably
impairs
meaningful
opportunity
present
complete
defense
indeed
sure
many
cases
moreover
case
results
polygraph
test
taken
three
days
urinalysis
constitute
inde
pendent
factual
evidence
otherwise
available
strongly
supports
defense
innocent
ingestion
flight
evidence
consciousness
guilt
may
sometimes
relevant
occasions
evidence
consciousness
innocence
may
also
relevant
central
issue
trial
answers
questions
propounded
examiner
physical
manifestations
produced
utterances
probative
innocent
state
mind
shortly
ingested
drugs
dean
wigmore
view
conduct
utterances
may
constitute
factual
evidence
consciousness
innocence
second
circuit
held
serious
factual
dispute
basic
defense
defendant
unaware
criminal
wrongdoing
evidence
innocent
state
mind
critical
fair
adjudication
criminal
charges
exclusion
test
results
case
fairly
equated
ruling
merely
prevented
defendant
encumbering
record
cumulative
evidence
rule
may
well
affected
outcome
trial
unquestionably
infringed
upon
weighty
interest
accused
ante
question
whether
three
interests
government
relies
powerful
enough
support
categorical
rule
excluding
results
polygraph
tests
matter
unfair
rule
may
particular
cases
reliability
host
studies
place
reliability
polygraph
tests
critics
polygraph
argue
accuracy
much
lower
even
studies
cited
critics
place
polygraph
accuracy
moreover
extent
polygraph
errs
studies
repeatedly
shown
polygraph
likely
find
innocent
people
guilty
vice
versa
thus
patory
one
likely
reliable
inculpatory
ones
course
within
broad
category
lie
detector
evidence
may
wide
variation
validity
relevance
particular
test
results
questions
examiner
integrity
independence
choice
questions
training
detection
deliberate
attempts
provoke
misleading
physiological
responses
may
justify
exclusion
specific
evidence
questions
properly
addressed
adversary
proceedings
fall
far
short
justifying
blanket
exclusion
type
expert
testimony
legal
requirement
expert
testimony
must
satisfy
particular
degree
reliability
admissible
expert
testimony
defendant
future
dangerousness
determine
eligibility
death
penalty
even
wrong
time
routinely
admitted
barefoot
estelle
studies
indicate
handwriting
analysis
even
fingerprint
identifications
may
less
trustworthy
polygraph
evidence
certain
cases
course
even
highly
dubious
eyewitness
testimony
admitted
tested
crucible
reliance
potential
unreliability
justification
categorical
rule
inadmissibility
reveals
overly
pessimistic
capabilities
jury
adversary
system
generally
vigorous
crossexamination
presentation
contrary
evidence
careful
instruction
burden
proof
traditional
appropriate
means
attacking
shaky
admissible
evidence
daubert
role
jury
function
jury
make
credibility
determinations
judgment
evidence
tends
establish
either
consciousness
guilt
consciousness
innocence
may
assistance
jury
making
determinations
also
opinion
dean
wigmore
let
accused
whole
conduct
come
whether
tells
consciousness
guilt
sciousness
innocence
let
us
take
worth
remembering
either
case
open
varying
explanations
emphasized
let
us
deprive
innocent
person
falsely
accused
inference
common
sense
draws
sciousness
innocence
natural
tions
wigmore
evidence
bourn
rev
ed
course
risk
juries
give
excessive
weight
opinions
polygrapher
clothed
scientific
expertise
ante
judgment
however
much
likely
juries
guided
instructions
trial
judge
concerning
credibility
expert
well
lay
witnesses
strong
presumption
juries
follow
instructions
see
richardson
marsh
applies
exculpatory
well
inculpatory
evidence
common
sense
suggests
testimony
disinterested
third
parties
relevant
jury
credibility
determination
assist
rather
impair
jury
deliberations
reliance
potential
unreliability
type
evidence
reliance
fear
average
jury
able
assess
weight
testimony
reflects
distressing
lack
confidence
intelligence
average
american
collateral
litigation
potential
burden
collateral
proceedings
determine
examiner
qualifications
manifestly
insufficient
justification
categorical
exclusion
expert
testimony
proceedings
routine
predicate
admission
expert
testimony
may
always
give
rise
searching
testimony
critical
fair
determination
guilt
innocence
excluded
reason
right
meaningful
opportunity
present
defense
illusion
incongruous
party
selected
examiner
equipment
testing
procedures
questions
asked
defendant
complain
examinee
burden
proving
test
properly
conducted
may
well
need
substantial
collateral
proceedings
party
objecting
admissibility
basis
questioning
aspect
examination
seems
quite
obvious
government
position
challenge
competence
procedures
developed
relied
upon
hundreds
thousands
cases
events
concern
burden
collateral
debates
integrity
particular
examination
competence
particular
examiner
provides
support
categorical
rule
requires
exclusion
even
test
taken
pursuant
stipulation
even
stipulation
resolving
potential
collateral
issues
indeed
case
need
collateral
proceedings
respondent
question
qualifications
expert
examined
surely
government
position
argue
one
successfully
completed
carefully
developed
training
program
qualified
interest
avoiding
burdensome
collateral
proceedings
might
support
rule
prescribing
minimum
standards
must
met
test
admissible
surely
support
blunderbuss
issue
iv
government
concerns
unquestionably
support
exclusion
polygraph
evidence
particular
cases
may
well
sufficient
support
narrower
rule
designed
respond
specific
concerns
judgment
however
concerns
plainly
insufficient
support
categorical
rule
prohibits
admission
polygraph
evidence
cases
matter
reliable
probative
evidence
may
accordingly
respectfully
dissent
notes
rule
relevant
part
notwithstanding
provision
law
results
polygraph
examination
opinion
polygraph
examiner
reference
offer
take
failure
take
taking
polygraph
examination
shall
admitted
evidence
mil
rule
evid
question
recent
years
polygraph
testing
gained
increasingly
widespread
acceptance
useful
reliable
scientific
tool
advances
achieved
field
led
greater
use
polygraph
examination
coupled
lack
evidence
juries
unduly
swayed
polygraph
evidence
agree
courts
found
per
se
rule
disallowing
polygraph
evidence
longer
warranted
thus
believe
best
approach
area
one
balances
need
admit
relevant
reliable
evidence
danger
admission
evidence
given
purpose
unfairly
prejudicial
piccinonna
hold
polygraph
examinations
scientifically
valid
always
assist
trier
fact
individual
case
merely
remove
obstacle
per
se
rule
admissibility
based
antiquated
concepts
technical
ability
polygraph
legal
precepts
expressly
overruled
posado
per
se
rule
excluding
unstipulated
polygraph
evidence
inconsistent
inquiry
assigned
trial
judge
daubert
particularly
evident
frye
overruled
daubert
involved
admissibility
polygraph
evidence
cordoba
pretrial
trial
procedures
including
modes
proof
cases
arising
chapter
triable
military
commissions
military
tribunals
procedures
courts
inquiry
may
prescribed
president
regulations
shall
far
considers
practicable
apply
principles
law
rules
evidence
generally
recognized
trial
criminal
cases
district
courts
may
contrary
inconsistent
chapter
according
department
defense
report
congress
department
defense
maintains
stringent
standards
polygraph
examiners
department
defense
polygraph
institute
basic
polygraph
program
program
known
base
curriculum
forensic
psychophysiology
conceptual
abstract
applied
knowledge
meet
requirements
master
degreelevel
study
candidates
selected
department
defense
polygraph
positions
must
meet
following
minimum
requirements
citizen
least
years
age
graduate
accredited
college
equivalent
experience
demonstrates
ability
master
academic
courses
two
years
experience
investigator
federal
law
enforcement
agency
high
moral
character
sound
emotional
temperament
confirmed
background
investigation
complete
department
course
polygraph
instruction
adjudged
suitable
position
administered
polygraph
examination
designed
ensure
candidate
realizes
sensitive
personal
impact
examinations
federal
polygraph
examiners
receive
basic
polygraph
training
department
defense
polygraph
institute
completing
basic
polygraph
training
dod
personnel
must
serve
internship
consisting
minimum
six
months
conduct
least
polygraph
examinations
supervision
certified
polygraph
examiner
certified
department
defense
polygraph
examiner
addition
dod
polygraph
examiners
required
complete
hours
continuing
education
every
two
years
department
defense
polygraph
program
annual
polygraph
report
congress
fiscal
year
pp
see
also
yankee
current
status
research
forensic
psychophysiology
application
psychophysiological
detection
deception
forensic
sciences
honts
perry
polygraph
admissibility
changes
challenges
law
human
behavior
hereinafter
honts
perry
department
defense
conducted
polygraph
examinations
resolve
issues
arising
counterintelligence
security
criminal
investigations
department
defense
polygraph
program
annual
polygraph
report
congress
fiscal
year
fiscal
year
fiscal
year
fiscal
year
fiscal
year
app
fiscal
year
app
fiscal
year
app
reporting
information
members
officers
true
case
typically
least
college
degree
well
significant
military
service
see
see
also
carter
rights
fundamental
accused
present
witnesses
defense
see
chambers
mississippi
indeed
right
essential
attribute
adversary
system
right
compel
witness
presence
courtroom
protect
integrity
adversary
process
embrace
right
witness
testimony
heard
trier
fact
right
offer
testimony
thus
grounded
sixth
amendment
taylor
illinois
joseph
story
famous
commentaries
constitution
observed
right
compulsory
process
included
bill
rights
reaction
notorious
rule
cases
treason
felony
accused
allowed
introduce
witnesses
defense
although
absolute
prohibition
witnesses
defense
abolished
england
statute
framers
constitution
felt
necessary
specifically
provide
defendants
criminal
cases
provided
means
obtaining
witnesses
evidence
well
prosecution
might
evaluated
jury
washing
ton
texas
footnotes
omitted
right
offer
testimony
witnesses
compel
attendance
necessary
plain
terms
right
present
defense
right
present
defendant
version
facts
well
prosecution
jury
may
decide
truth
lies
accused
right
confront
prosecution
witnesses
purpose
challenging
testimony
right
present
witnesses
establish
defense
right
fundamental
element
due
process
law
difficult
see
constitution
less
violated
arbitrary
rules
prevent
whole
categories
defense
witnesses
testifying
basis
priori
categories
presume
unworthy
belief
rule
disqualifying
alleged
accomplice
testifying
behalf
defendant
even
defended
ground
rationally
sets
apart
group
persons
particularly
likely
commit
perjury
familiar
knowledge
old
common
law
carefully
excluded
witness
stand
parties
record
interested
result
rule
extended
civil
criminal
cases
fear
perjury
reason
rule
benson
rule
accepted
early
date
controlling
country
husband
wife
incompetent
witnesses
recognized
basic
reason
underlying
th
exclusion
one
spouse
testimony
behalf
practice
disqualifying
witnesses
personal
interest
outcome
case
widespread
disqualifications
interest
however
long
since
abolished
country
england
accordance
modern
trend
permitted
interested
witnesses
testify
left
jury
assess
credibility
certainly
since
defendants
uniformly
allowed
testify
behalf
longer
good
reason
prevent
using
spouses
witnesses
original
reason
barring
favorable
testimony
spouses
gone
concluded
aspect
old
rule
go
hawkins
see
washington
texas
whether
rooted
directly
due
process
clause
fourteenth
amendment
chambers
mississippi
compulsory
process
confrontation
clauses
sixth
amendment
washington
texas
davis
alaska
constitution
guarantees
criminal
defendants
meaningful
opportunity
present
complete
defense
california
trombetta
cf
strickland
washington
constitution
guarantees
fair
trial
due
process
clauses
defines
basic
elements
fair
trial
largely
several
provisions
sixth
amendment
break
new
ground
observing
essential
component
procedural
fairness
opportunity
heard
oliver
grannis
ordean
opportunity
empty
one
state
permitted
exclude
competent
reliable
evidence
bearing
credibility
confession
evidence
central
defendant
claim
innocence
absence
valid
state
justification
exclusion
kind
exculpatory
evidence
deprives
defendant
basic
right
prosecutor
case
encounter
crucible
meaningful
adversarial
testing
cronic
see
also
washington
texas
supra
crane
kentucky
rights
fundamental
accused
present
witnesses
defense
webb
texas
washington
texas
oliver
exercise
right
accused
required
state
must
comply
established
rules
procedure
evidence
designed
assure
fairness
reliability
ascertainment
guilt
innocence
although
perhaps
rule
evidence
respected
frequently
applied
jury
trials
applicable
exclusion
hearsay
exceptions
tailored
allow
introduction
evidence
fact
likely
trustworthy
long
existed
testimony
rejected
trial
bore
persuasive
assurances
trustworthiness
thus
well
within
basic
rationale
exception
declarations
interest
testimony
also
critical
chambers
defense
circumstances
constitutional
rights
directly
affecting
ascertainment
guilt
implicated
hearsay
rule
may
applied
mechanistically
defeat
ends
justice
chambers
mississippi
moreover
principles
defendant
may
occasionally
avail
conduct
evidence
particular
conduct
indicating
consciousness
innocence
utterances
asserting
innocence
sedition
charges
conduct
indicating
loyal
state
mind
wigmore
evidence
tillers
rev
ed
see
reifsteck
mariotta
basic
defense
unaware
criminal
wrongdoing
wedtech
innocent
victim
machinations
sophisticated
businessmen
brought
company
handle
financial
affairs
defense
seriously
issue
charges
drawing
considerable
support
evidence
credibility
accusations
mariotta
knowledge
wrongdoing
seriously
challenged
evidence
denial
knowledge
response
opportunity
obtain
immunity
admitting
implicating
others
became
highly
significant
fair
presentation
defense
evidence
defendant
innocent
state
mind
critical
fair
adjudication
criminal
charges
excluded
hesitated
order
new
trial
biaggi
see
also
bucur
herman
raskin
honts
kircher
scientific
status
research
polygraph
techniques
case
polygraph
tests
modern
scientific
evidence
faigman
kaye
saks
sanders
eds
hereinafter
faigman
compiling
eight
laboratory
studies
place
mean
accuracy
approximately
compiling
four
field
studies
scored
independent
examiners
place
mean
accuracy
raskin
honts
kircher
response
professors
iacono
lykken
faigman
compiling
six
field
studies
scored
original
examiners
place
mean
accuracy
abrams
complete
polygraph
handbook
compiling
laboratory
studies
excluding
inconclusive
results
place
mean
accuracy
iacono
lykken
scientific
status
research
polygraph
techniques
case
polygraph
tests
faigman
compiling
three
studies
place
mean
accuracy
iacono
lykken
case
polygraph
tests
faigman
raskin
honts
kircher
response
professors
iacono
lykken
faigman
honts
perry
abrams
complete
polygraph
handbook
see
judge
gonzalez
careful
attention
relevance
inquiry
proceedings
remand
appeals
decision
piccinonna
supp
sd
one
study
compared
accuracy
fingerprinting
handwriting
analysis
polygraph
tests
eyewitness
identification
study
consisted
volunteers
divided
groups
fingerprints
handwriting
samples
taken
participants
group
four
one
person
randomly
assigned
role
perpetrator
perpetrator
instructed
take
envelope
building
doorkeeper
knew
later
need
identify
perpetrator
sign
receipt
pick
package
crime
participants
given
polygraph
examination
fingerprinting
expert
comparing
original
fingerprints
envelope
handwriting
expert
comparing
original
samples
signed
receipt
polygrapher
analyzing
tests
sought
identify
perpetrator
group
addition
two
days
crime
doorkeeper
asked
pick
picture
perpetrator
set
four
pictures
results
study
demonstrate
polygraph
evidence
compares
favorably
types
evidence
excluding
inconclusive
results
test
fingerprinting
expert
resolved
cases
correctly
polygrapher
resolved
cases
correctly
handwriting
expert
resolved
cases
correctly
eyewitness
resolved
cases
correctly
interestingly
inconclusive
results
included
polygraph
test
accurate
methods
polygrapher
resolved
cases
correctly
compared
handwriting
expert
eyewitness
fingerprinting
expert
widacki
horvath
experimental
investigation
relative
validity
utility
polygraph
technique
three
common
methods
criminal
identification
forensic
sciences
see
also
honts
perry
government
argues
widespread
danger
people
learn
fool
polygraph
possibility
undermines
claim
reliability
example
government
points
availability
book
called
beat
box
insider
guide
outwitting
lie
detector
tr
oral
arg
brief
beat
box
however
actually
cuts
per
se
ban
polygraph
evidence
preface
book
kalashnikov
author
polygraph
professional
go
someone
like
probably
catch
game
knows
work
book
people
realize
lot
professional
polygraph
examiners
possible
may
tested
someone
concerned
number
tests
run
week
christmas
bonus
precision
individual
test
remember
adage
ca
beat
polygraph
system
beat
operator
book
gleefully
dedicated
idea
sporting
chance
kalashnikov
beat
box
insider
guide
outwitting
lie
detector
preface
hile
system
unbeatable
surely
beat
examiner
thus
beat
box
actually
supports
notion
polygraphs
reliable
conducted
highly
trained
one
case
nonetheless
research
indicated
people
trained
use
countermeasures
fool
polygraph
see
honts
raskin
kircher
mental
physical
countermeasures
reduce
accuracy
polygraph
tests
applied
psychology
possibility
however
justify
per
se
ban
first
research
indicates
individuals
must
receive
specific
training
fool
polygraph
information
alone
enough
honts
hodes
raskin
effects
physical
countermeasures
physiological
detection
deception
applied
psychology
see
also
honts
raskin
kircher
hodes
effects
spontaneous
countermeasures
physiological
detection
deception
police
science
administration
spontaneous
countermeasures
ineffective
second
countermeasures
discovered
fair
assume
polygraphers
develop
ways
detect
countermeasures
see
abrams
davidson
polygraph
testing
polygraph
raskin
honts
kircher
case
polygraph
tests
faigman
course
trial
jurors
instructed
possibility
countermeasures
give
possibility
appropriate
weight
indeed
research
indicates
jurors
blindly
accept
polygraph
evidence
instead
weigh
polygraph
evidence
along
evidence
cavoukian
heslegrave
admissibility
polygraph
evidence
empirical
findings
law
human
behavior
hereinafter
cavoukian
heslegrave
see
also
honts
perry
one
study
found
expert
testimony
limits
polygraph
completely
eliminated
effect
polygraph
evidence
jury
cavoukian
heslegrave
emphasis
added
see
supra
see
rule
evid
suggested
exculpatory
polygraph
evidence
may
adduced
defendant
prosecutor
also
allowed
introduce
inculpatory
test
results
conclusion
dictated
holding
vindicates
defendant
sixth
amendment
right
summon
witnesses
moreover
noted
studies
indicate
exculpatory
polygraphs
reliable
inculpatory
ones
see
supra
event
concern
possible
future
legal
developments
surely
implicated
narrow
issue
presented
holding
military
appeals
case
even
see
nothing
fundamentally
unfair
permitting
results
test
taken
pursuant
stipulation
admitted
evidence
prove
consciousness
guilt
well
consciousness
innocence
footnotes
article
uniform
code
military
justice
authorizes
president
commander
chief
armed
forces
see
art
ii
promulgate
rules
evidence
military
courts
pretrial
trial
procedures
including
modes
proof
may
prescribed
president
regulations
shall
far
considers
practicable
apply
principles
law
rules
evidence
generally
recognized
trial
criminal
cases
district
courts
respondent
cites
sixth
amendment
compulsory
process
clause
specific
constitutional
provision
supporting
claim
also
briefly
contends
combined
effect
fifth
sixth
amendments
confers
upon
right
meaningful
opportunity
present
complete
defense
crane
kentucky
citations
omitted
right
turn
encompasses
constitutional
right
present
polygraph
evidence
bolster
credibility
words
defendant
jury
used
throughout
reference
general
principles
law
discussing
nonmilitary
precedents
reference
case
military
specifically
terms
members
used
throughout
military
term
accused
rather
civilian
term
defendant
interests
among
others
recognized
drafters
rule
justified
rule
following
grounds
risk
members
misled
polygraph
evidence
risk
traditional
responsibility
members
ascertain
facts
adjudge
guilt
innocence
usurped
danger
confusion
issues
result
degenerating
trial
polygraph
machine
likely
waste
time
collateral
issues
fact
polygraph
evidence
sufficiently
established
see
usaf
crim
app
citing
manual
pp
notes
congress
office
technology
assessment
evaluated
available
studies
reliability
polygraphs
concluded
verall
cumulative
research
evidence
suggests
used
criminal
investigations
polygraph
test
detects
deception
better
chance
error
rates
considered
significant
brief
quoting
congress
office
technology
assessment
scientific
validity
polygraph
testing
research
review
technical
memorandum
respondent
however
contends
current
research
shows
polygraph
testing
reliable
percent
time
brief
respondent
citing
matte
forensic
psychophysiology
using
polygraph
even
basic
debate
reliability
polygraph
technology
resolved
however
still
controversy
efficacy
countermeasures
deliberately
adopted
strategies
polygraph
examinee
employ
provoke
physiological
responses
obscure
accurate
readings
thus
fool
polygraph
machine
examiner
see
iacono
lykken
quite
recently
federal
state
courts
uniform
categorically
ruling
polygraph
evidence
inadmissible
test
set
forth
frye
cadc
held
scientific
evidence
must
gain
general
acceptance
relevant
expert
community
admissible
daubert
merrell
dow
pharmaceuticals
held
frye
superseded
federal
rules
evidence
expert
testimony
admitted
district
deemed
relevant
reliable
prior
daubert
neither
federal
state
courts
found
sixth
amendment
obstacle
categorical
rule
see
bashor
risley
cert
denied
people
price
cal
cert
denied
nothing
daubert
foreclosed
constitutional
matter
per
se
exclusionary
rules
certain
types
expert
scientific
evidence
odd
inversion
hierarchy
laws
altering
interpreting
rule
evidence
worked
corresponding
change
meaning
constitution
respondent
argues
government
particular
department
defense
routinely
uses
polygraph
testing
government
must
consider
polygraphs
reliable
governmental
use
polygraph
tests
however
primarily
field
personnel
screening
lesser
extent
tool
criminal
intelligence
investigations
evidence
trials
see
brief
barland
polygraph
test
usa
elsewhere
polygraph
test
gale
ed
limited
uses
polygraph
techniques
obviously
differ
character
carry
less
severe
consequences
use
polygraphs
evidence
criminal
trial
establish
reliability
polygraphs
trial
evidence
invalidate
reliability
valid
concern
supporting
rule
categorical
ban
examiner
interprets
various
physiological
responses
examinee
including
blood
pressure
perspiration
respiration
asking
series
questions
commonly
three
categories
direct
accusatory
questions
concerning
matter
investigation
irrelevant
neutral
questions
general
control
questions
concerning
wrongdoing
subject
general
examiner
forms
opinion
subject
truthfulness
comparing
physiological
reactions
set
questions
see
generally
giannelli
imwinkelried
honts
quick
polygraph
progress
science
law
rev
although
litigation
take
place
outside
presence
jury
least
foundation
must
laid
jury
assess
qualifications
skill
polygrapher
validity
exam
significant
occur
issues
although
appeals
stated
merely
remove
obstacle
per
se
rule
admissibility
polygraph
evidence
cases
accused
wishes
proffer
exculpatory
polygraph
rebut
attack
credibility
respondent
thus
implicitly
argues
constitution
require
collateral
litigation
cases
see
principled
justification
whereby
right
derived
constitution
narrowly
contained
addition
noted
state
texas
advance
legitimate
interests
support
evidentiary
rules
issue
rules
burdened
defense
prosecution
see
rule
suffers
neither
defects
dissent
suggests
post
polygraph
results
constitute
factual
evidence
raw
results
polygraph
subject
pulse
respiration
perspiration
factual
data
introduced
trial
even
facts
alleged
crime
hand
rather
evidence
introduced
expert
opinion
testimony
polygrapher
whether
subject
truthful
deceptive
answering
questions
alleged
crime
per
se
rule
excluding
polygraph
results
therefore
prevent
prevent
respondent
introducing
factual
evidence
testimony
crime
alibi
witness
testimony
see
post
reasons
expert
polygrapher
interpretation
polygraph
results
evidence
accused
whole
conduct
see
post
dean
wigmore
referred
evidence
accused
conduct
much
less
conduct
concerning
actual
crime
issue
merely
opinion
witness
knowledge
facts
surrounding
alleged
crime
concerning
whether
defendant
spoke
truthfully
deceptively
another
occasion