Am. Colman et Rd. Mackay, PSYCHOLOGICAL EVIDENCE IN COURT - LEGAL DEVELOPMENTS IN ENGLAND AND THE UNITED-STATES, Psychology, crime & law, 1(3), 1995, pp. 261-268
Psychological testimony in England, except when it has dealt with clin
ical matters, has generally been ruled inadmissible on the grounds tha
t it would usurp the function of the jury to decide matters of ''commo
n knowledge and experience''. The so-called Turner rule governing admi
ssibility of psychological evidence has been interpreted according to
a dubious assumption about the transparency of human behaviour, hut th
is restrictive interpretation was rejected in a recent Court of Appeal
decision, which should result in a more receptive attitude to psychol
ogical evidence. In the United States, the lye test has been used to e
xclude psychological testimony unless it can be shown to have gained '
'general acceptance'' in the field of psychology, but a recent United
States Supreme Court decision has led to a more permissive approach to
that jurisdiction also.