Page 37 - Forensic News Journal Jan Feb 2018
P. 37

Constitutional Validity of the Polygraph Test

        link between the crimes,             human rights but also fail           However, in India, we do

        the time of occurrence.              to produce positive results  not seem to realize how
        The important materials,             most of the time. There              vast is the potential of
        therefore, form the vari-            has to be something that             lie detector science, have

        ous chapters of the book.            is available; objective,             been far less than success-
        In addition, the place of            and hence not prove to the  ful in developing a tem-

        occurrence being the most  whims of the witnesses.                        perament in our police to
        important source of ma-              The answer is provided               apply scientifically viable
        terials has also been dis-           as science as by scien-              evidence, pain staking be-

        cussed.                              tific evidence (lie detector  gotten after long arduous
                                             test) is more or less ex-            hours in the court room.

        For as long as human be-             act far more reliable and
        ings have deceived one               does not turn hostile un-            It is frequently suggested
        another, people have tried  der threats. Lie detection                    that the polygraphs or the

        to develop techniques for            took on aspects of modern  lie detector test works
        detecting deception and              science with the develop-            because of the fear of of-

        finding truth. In today’s            ment in the 20th century             fenders of being found
        world, the scenario of jus-          of techniques intended for  to be lying. Polygraph or
        tice, the traditional sourc-         the psycho physiological             lie detector has a variety

        es of proof, eyewitnesses            deception, most promi-               of uses. First of all it can
        account, confessions have  nently polygraph testing.                      identify the guilty people,

        gone awry. The trials take  The polygraph testing or                      second is it can establish
        just too long to keep the            instrumental measures                the truth of statements
        witnesses from turning               several physiological                made by witnesses or

        hostile and criminals are            processes (ex. heart rate)           informants. Third is it can
        turning cleverer and more  and changes in these pro-                      eliminate suspects. Fourth

        scientific. It is important          cesses. From the charts              is it can save money by
        that the prosecution agen-           of those measures in re-             shortening investigations.
        cies rely on something               sponse to questions on a             There is urgent and wide

        more authentic, more con- polygraph test, sometimes  spread need for the appli-
        crete and more productive  aided by observations                          cation of forensic science

        in terms of convictions              during the polygraph ex-             in the criminal justice
        without the police hav-              amination examiners in-              delivery system. The pres-
        ing to resort to the third           fer a psychological state,           ent day scenario of crime

        degree methods that not              namely, whether a person             investigation and prosecu-
        only violates fundamental  is telling the truth or lying.  tion of criminals, in India


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