"Examination and Cross-Examination of Experts in Forensic Psychophysiology Using the Polygraph"
Contents
Foreword - Cleve Backster, Hon. Ph.D.
Foreword - Honorable Vincent E. Doyle
Foreword - Denis A. Kitchen, Jr., Esquire
Chapter:
1. Introduction
2. Legal Admissibility: Influence of Frye, Daubert and Scheffer Cases.
The Frye Standard
The Daubert Standard
Issues in PV Examination Admissibility Under Daubert: The Scheffer Case
(a) Role and Impact of PV Examination Results on Jury
(1) Jury as Lie Detector
(2) Impact of Polygraph Evidence on Jury
(b) Ultimate Issue in a Trial
(c) Collateral Litigation
(d) Reliability
(e) Hearsay Evidence
(f) Admissibility When Defendant Elects Not To Testify
Polls of Scientific Opinion Regarding Validity of PV Examinations
Conclusion
3. Major Differences in Psychophysiological Veracity Examination Techniques.
4. Selection and Duties of Quality Control Reviewer.
5. Selection of Foundation Expert.
Figures and Tables in Order of Their Presentation
6. Script of Foundation Testimony by Expert for Court Admissibility.
Voir Dire Proceedings
Direct Examination
Occupation
Educational Background
Teaching Positions
Research
Structure of the PV Examination
The Polygraph Instrument and its Physiological Recordings
Courtroom Presentation with Visual Aids
Illustrations
7. Cross-Examination of Foundation Expert.
Preparation of Foundation Expert
Potential Questions During Cross-Examination
8. Script of Testimony by Forensic Psychophysiologist.
Voir Dire Proceedings
Direct Examination
Occupation
Education
Professional Associations
Licenses
Occupation–Employment
Instant PV Examination
PV Examination Methodology
Acquisition of Physiological Data
Interpretation of the Data
9. Cross-Examination of Forensic Psychophysiologist.
A. Cross-Examination by Prosecuting Attorney
(1) When Numerical Approach Is Used in Instant PV Examination
(a) Results Based on Manual Scoring of Physiological Data
1. Conclusion Table Employed an Increasing Threshold
2. Conclusion Table Employed a Fixed Threshold
(b) Results Based on Computer Algorithm
(2) When Clinical Approach Is Used in Instant PV Examination
(3) When Directed-Lie Control Questions Are Used in Instant PV Examination
B. Cross-Examination by Defense Attorney
(1) When Numerical Approach Is Used in Instant PV Examination
(a) Results Based on Manual Scoring of Physiological Data
1. Conclusion Table Employed an Increasing Threshold
2. Conclusion Table Employed a Fixed Threshold
(b) Results Based on Computer Algorithm
(2) When Clinical Approach Is Used in Instant PV Examination
10. Script of Testimony by Quality Control Reviewer.
11. Cross-Examination of Quality Control Reviewer.
12. Admissibility of Confessions in Psychophysiological Veracity Examinations.
Appendices
A Code of Ethics and Standards of Practice of the American Polygraph Association.
B Bibliography of ASTM Standards in Forensic Psychophysiology.
C PV Examination Documents Required for Independent Quality Control Review.
D Calibration Procedures for Lafayette Four-Pen All-Electronic Polygraph Instruments.
E Lafayette LX2000/LX3000 Computerized Polygraph System Functionality Test.
F Stoelting Inspection and Calibration Check List.
Glossary of Terms
Alphabetical List of Legal Citations
Index |