Intro and Polygraph Testing

Question 1

What are some disciplines that have been called junk science?

Answer 1

Polygraphs
Hair microscopy
Bitemark evidence
Fire investigations

Question 2

What are specific issues that have been referred to as junk science?

Answer 2

Time of death
Identification of weapons

Question 3

What is the potential problem with applying the term junk to science

Answer 3

= science is garbage

Question 4

Is the correct application of science to the criminal context all about perspective?

Answer 4

No, but we need to ask the proper question of science to get the right answer

Question 5

What is polygraph testing?

Answer 5

Measures and records physiological measures, including blood pressure, pulse, respirations

Question 6

What is the belief underpinning polygraph testing?

Answer 6

People who lie will experience stress/anxiety, which will produce physiological responses.

Question 7

What was the issue considered by the SCC in the appeal of Phillion v. R.?

Answer 7

Was it an error to refuse to permit the polygraph expert to testify?

Question 8

What was the conclusion of the SCC in Phillion v. R.?

Answer 8

Appeal dismissed
Not an error to hold polygraph testing inadmissible

Question 9

What was the reasoning behind the SCC decision in Phillion v. R.?

Answer 9

Jury rejected psych evidence, which was in part based on results of polygraph
Not likely jury would have given any weight to polygraph expert alone
Hearsay not admissible when its purpose is to establish its truth
Polygraph expert had neither the qualifications nor opportunity to form a mature opinion of accused’s personality

Question 10

What was significant about R. v. Lavallee?

Answer 10

Legally recognized battered woman’s syndrome
Expert opinion evidence can be based on both admissible and inadmissible evidence