Voice of Reason
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since some folks around here love to waive the Colorado Children's Code around here as implicitly suggesting a grand jury conclusion of burke's guilt, i'd like to introduce some more legal background on the state of colorado with regards to polygraph tests.
here is the colorado case which sets the precedent for the admissibility of polygraphs in a criminal trial:
People v. Anderson, Colorado Supreme Court (1981)
"Due to the unreliability of the polygraph technique and the lack of qualification standards for examiners, there is a serious risk that the admission of polygraph evidence at trial would unfairly prejudice and mislead the jury. Apart from the doubts raised about reliability and competence, however, there is an inherent danger that a jury will rely too heavily on the results of a polygraph test. Because of its aura of scientific infallibility, we believe that jurors are likely to give significant, if not conclusive, weight to a polygrapher's opinion as to whether the accused was truthful in his response to a question regarding a dispositive issue in a criminal case. The polygraph examination should not be used to usurp the jury's function in determining truth by observing the demeanor of a witness in the course of trial. In our view, despite any cautionary instruction or admonition from the court, the jurors' traditional responsibility . . . to collectively ascertain the facts to determine whether guilt has been proven would be prejudiced by the admission of polygraph evidence."
why did the ramseys refuse to take a polygraph test? wouldn't they want to clear their name? the media had already essentially convicted the ramseys. it couldn't get any worse...what did they have to lose?
here is the colorado case which sets the precedent for the admissibility of polygraphs in a criminal trial:
People v. Anderson, Colorado Supreme Court (1981)
"Due to the unreliability of the polygraph technique and the lack of qualification standards for examiners, there is a serious risk that the admission of polygraph evidence at trial would unfairly prejudice and mislead the jury. Apart from the doubts raised about reliability and competence, however, there is an inherent danger that a jury will rely too heavily on the results of a polygraph test. Because of its aura of scientific infallibility, we believe that jurors are likely to give significant, if not conclusive, weight to a polygrapher's opinion as to whether the accused was truthful in his response to a question regarding a dispositive issue in a criminal case. The polygraph examination should not be used to usurp the jury's function in determining truth by observing the demeanor of a witness in the course of trial. In our view, despite any cautionary instruction or admonition from the court, the jurors' traditional responsibility . . . to collectively ascertain the facts to determine whether guilt has been proven would be prejudiced by the admission of polygraph evidence."
why did the ramseys refuse to take a polygraph test? wouldn't they want to clear their name? the media had already essentially convicted the ramseys. it couldn't get any worse...what did they have to lose?