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"Examination and Cross-Examination of Experts
in Forensic Psychophysiology Using the Polygraph"

Foreword: Dennis A. Kitchen, Jr. Esquire

   Pontius Pilate asked Jesus, “What is Truth?” and didn’t wait for an answer. His cynicism probably reflected his frustration as a judge in trying to discern truth and falsity. When the polygraph machine was invented a century ago, some hailed it as a scientific breakthrough and eventual substitute for an imperfect jury system. Others condemned it as a dangerous gadget too easily abused by ill-trained amateurs or unscrupulous charlatans.

   Science and technology grew geometrically in the 20th century, bringing countless experts and scientists into the courtroom to explain technical subjects beyond the ken of the average juror. Polygraphy was one of those subjects, and an intimidating one at that. It threatened not only to instruct the finder of fact in a technical area, but also to supplant the judge’s and jury’s fact-finding role. In response, the judicial system imposed a strict requirement that any polygraph evidence rest upon a solid scientific foundation.

   Of necessity, a profession evolved with established standards, training, and certification in the use of the polygraph. As the polygraph methodology advanced, so did the complexity of the principles involved. No longer a gadget, the polygraph exam administered by a competent and trained forensic psychophysiologist is a useful tool for those involved in doing justice.

   It is inadequate to expect that a modern court or jury will simply accept the testimony of a polygraph examiner without being thoroughly convinced of the accuracy and reliability of the entire process after a competent explanation of the principles and techniques involved. It is essential that the attorney who seeks to introduce polygraph evidence be prepared to lay the necessary foundation and resist opponents’ attempts to undermine that foundation. This requires not only an understanding of the principles involved, but also a plan for presenting them in a clear and logical way.

   Wisely, we have not abandoned the jury system. Justice is a product of a complex process in which the principles of law are meshed with factual determinations to reach a result that we can all regard as ultimately correct. We continue to rely on the judgment of both trained judges and a jury of one’s peers. But they need not and should not make their determinations in a vacuum.

   The polygraph examination will gain broader acceptance in spite of continued resistance, but only if it is set upon a strong scientific foundation, properly presented in various judicial settings. What the attorney needed was a thoroughly documented and annotated plan to assist in laying the foundation for the introduction of polygraph evidence. This book is such a plan. Dr. Matte has crafted an impressive cookbook of model scripts for the most arduous trials involving psychophysiological veracity (PV) examinations. Personally, I would never undertake a presentation of a PV examination before a judge or jury without ensuring that all expert witnesses were thoroughly familiar with the references and issues covered by this very scholarly and practical book.

Dennis A. Kitchen, Jr.
Attorney at Law
Williamsville, New York


Copyright 2001 Matte Polygraph Service, Inc.

43 Brookside Drive | Williamsville, NY 14221-6915 | (716) 634-6645 | FAX: (716) 634-7204
E-mail: JamesAllanMatte@mattepolygraph.com