L. Saxe et G. Ben-shakhar, Admissibility of polygraph tests - The application of scientific standardspost-Daubert, PSYCH PUB L, 5(1), 1999, pp. 203-223
The U.S. Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals
(1993) modernized the long-standing Frye (1923) precedent and requires cou
rts to make scientific judgments. Courts, however, are not well-equipped to
parse scientific arguments. To illustrate the difficulty of applying Daube
rt, this article focuses on the controversy over admissibility of polygraph
test evidence ("lie detectors"). Reliability and validity are discussed in
relation to polygraph testing and the Daubert criteria. Although the valid
ity of polygraph test results has been examined across many studies, none s
atisfy necessary methodological criteria and accuracy rates are unpredictab
le. This analysis points to the need for social scientists and courts to de
velop a mutually understood language to assess validity claims. Courts must
have the ability to weight scientific evidence and, although they need not
become amateur scientists, they must become sophisticated consumers.