Frye Standard for Scientific Evidence in Federal Courts
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Questions and Answers

The psychophysiological veracity examinations have been generally held inadmissible as evidence due to a Federal court ruling in 1923. Which best describes the Frye Standard for the admissibility of scientific evidence in Federal Courts?

  • The gatekeeping function of the judge should not impose on the court “the obligation or the authority to become amateur scientists.”
  • Whether an expert’s technique or theory can be tested implying the particular importance of the testing for reliability factor and error rate.
  • Expert opinion based on a scientific technique is inadmissible unless the technique is generally accepted in the particular field in which it belongs. (correct)
  • None of the above

    • In the court decision of Dunaway v New York of 1979 which of the following is true?

  • The U.S. Supreme Court held that when police unconstitutionally seize and detain an individual for interrogation without probable cause, statements made by that individual must be suppressed regardless of giving proper Miranda warnings or voluntariness in the Fifth Amendment sense. (correct)
  • A confession alone is insufficient, that some significant corroboration is required.
  • The circumstances under which federal officers obtained incriminating statements from the defendants in this case, together with the flagrant disregard of that accused persons arrested by officers be taken before a judicial officer, rendered the evidence inadmissible.
  • None of the Above

    • What are the 4 non-exclusive factors that test reliability and set the Judge as a gatekeeper?

  • Validity, Error Rate, Peer Review & Publication, and Face Value Reliability
  • Testability, Error Rate, Peer Review & Publication, and Usefulness of Polygraph
  • Testability, Error Rate, Face Value Reliability, and General Acceptance
  • Testability, Error Rate, Peer Review & Publication, and General Acceptance (correct)

    • A distinction must be made between false assertions which (may be acceptable) to fabricating evidence (which is impermissible.) Impersonating clergy men or clearly manufacturing evidence is

    <p>considered trickery or deceit that would shock the conscience of the court or community.</p> Signup and view all the answers

    In sex offender cases where the examinee is taking a polygraph examination as a condition of their parole or probation, what term would most closely reflect the declaration that the examinee is complying with the request to submit to an examination?

    <p>informed assent</p> Signup and view all the answers

    The most common circumstance supporting a claim of duress in an interrogation is:

    <p>The length of the interrogation.</p> Signup and view all the answers

    If a truthful examinee is fearful that an error will be made and is erroneously found deceptive, what emotion may be provoked throughout the test?

    <p>Anger</p> Signup and view all the answers

    The motion of anger may be provoked by an incompetent examiner may elicit what type of result from an innocent examinee?

    <p>False Positive</p> Signup and view all the answers

    Regarding the possibility of an examinee defeating the PV examination while under hypnotically induced amnesia

    <p>will not be an effective countermeasure in defeating the PV exam.</p> Signup and view all the answers

    An examinee will retain a vague, hazy memory of a crime or maintain and uneasy feeling if

    <p>they have attempted to use post hypnotic amnesia as a countermeasure.</p> Signup and view all the answers

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