Polygraphy revisited: U.S. v. Scheffer.

Abstract

U.S. v. Scheffer is a case that poses two questions. First, must a defendant who wishes to place polygraphic evidence before the court be allowed to do so for fear that refusal will create a Constitutional issue by depriving him of due process? Second, is polygraphic evidence admissible evidence at all, as defined by the Military Rule of Evidence or the Federal Rules of Evidence? The case, originally tried in Court-Martial, was reviewed by two military courts of appeal, with resulting judicial dissention leading to the granting of certiorari by the U.S. Supreme Court. In its decision, the Supreme Court affirmed the refusal of the Court-Martial to admit the requested polygraphic evidence.