Polygraph on Trial in Conway

The title of this post is the headline of an article in the Horry Independent today.

Parties in a homicide by child abuse case coming up in Horry County Court in March are waiting to see if their case will be a “keystone” one in the state of South Carolina.

One of the attorneys involved in the case has asked that polygraph results be admitted into the case and after hearing two days of testimony on the issue, Circuit Judge Larry Hyman is considering the issue.

The South Carolina Supreme Court has consistently held the results of polygraph examinations are generally not admissible because the reliability of the tests is questionable. The results have been held inadmissible because they didn’t pass the standards for scientific analysis under Rules 702 and 403, SCRE and the Jones factors.

Two days of expert witness testimony. For this case, the defense wants the results admitted; the prosecution doesn’t. What about the next case? What happens if the roles are reversed? It is the proverbial slippery slope.

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