Medical Perspectives on the Admissibility of Polygraph Report in Courts

• Main Authors: Chien-Ming Huang, 黃建銘
• Other Authors: Lihtorng Chen
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/78160953392981185625

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 101 === Abstract Research on polygraph should deeply base on medical principle to investigate the nature about principle and theory of polygraph examination. The theory of the nature of the polygraph examination covered a wide spectrum of medicine, such as psychology, behavioral science, physiology, neurology, pharmacology, and pathology. From the medical perspectives to analysis the validity and reliability of the polygraph results, it is far from convenience and accuracy when compared to other simple, repeatable clinical examination test items. The human central nervous brain master one's perception, learning and memory, language and emotion, thinking and cognition, and other mental activity and physical exercise. When a person is in danger facing major threats , the human survival instinct will naturally play, in order to escape predators to avoid danger and it is through thinking, judgment and analysis of the psychological effects after integration, followed by the peripheral nerves caused by the autonomic nervous system to produce physiological responses. However, can we always make the polygraph examination dishonest do produce a significant response, and the innocent do not produce significant reaction? Did the examiner themselves never have preconceived prejudices or judgments without doubt. Importantly, nobody can be careless about the results of polygraph examination because it subjects relevant to personality, freedom and life and property and other major rights and interests that could be deprived by the government. Hence the need for the implementation of the polygraph examination, whether the right to silence and the confession of the arbitrary, the legal basis of admissibility, polygraph quality supervision as well as the rescue method of law must conform to the basic principles under the rule of law state and spirit. Regarding the admissibility on polygraph report, the “scientific evidence” has been well accepted and approved, probably, in criminal trials by the Supreme Court over the years. The continuous progress on polygraph issues of the Supreme Court in criminal trial is worthy of recognition, however, there were some defects of court judgment that the minority situation needs to be improved, such as the military courts of criminal judgments about Chiang Kuo-ching case has been unable to compensate for the loss of his life due to serious mistakes of polygraph report and undue process of law. To face the highly controversial issue of polygraph report, we must pay more prudent attitude than usual in the future. For a variety of litigation, procedures that must be followed strictly to ensure full compliance with the law according to the Code of Criminal Procedure as amended in 2003. The legal procedures to obtain the credibility of evidence on the polygraph report if made with undue process, which may not become criminal court proceedings that the defendant's criminal evidence. In recent years, the use of forensic evidence of a crime, such as the defendant's handwriting identification, verification of fingerprints, DNA identification, etc., and polygraph test in criminal cases is often used to approach as well. So far, the admissibility and credibility of evidence of polygraph report has not been established for the Criminal Procedure. How should we follow to implement the formal procedures in lie detection? From medical perspectives in the literature, It has never been discussed about the causes of wrong conclusions of polygraph reports, which may be resulted from the non-objective opinions or the wrong medical reasons during the lie detection test. In addition to introduce and realize the admissibility and credibility of polygraph report evidence in United States, Germany, Japan and our country in theory and practice, this article try to investigate the controversial issues of law from medical perspectives on polygraph controversial issues. Finally, we try to sort out the different ways of thinking and views and we expect to provide some suggestions for the judicial practitioners and trial practice, helpfully, in respect to the admissibility on polygraph reports. Keywords: polygraph report, credibility of evidence, the right to silence, admissibility