results of a polygraph test in Illinois

1994He notes that in People v. Baynes (1981), 88 Ill. 2d 225, 244 , 430 N.E.2d 1070,1079 , the supreme court held the results of a polygraph test inadmissible.

1994He notes that in People v. Baynes (1981), 88 Ill. 2d 225, 244 , 430 N.E.2d 1070,1079 , the supreme court held the results of a polygraph test inadmissible.

1992People v. Booker (1991), 209 Ill.

1992(See People v. Melquist (1962), 26 Ill. 2d 22, 30 , 185 N.E.2d 825 ; People v. Flowers (1958), 14 Ill. 2d 406, 413-14 , 152 N.E.2d 838 .) The decision of whether to grant a mistrial is within the sound discretion of the trial court, and that determination will not be disturbed unless it appears that there was a manifest necessity for a mistrial or the ends of justice would be affected by continuing the trial.

1992(See People v. Melquist (1962), 26 Ill. 2d 22, 30 , 185 N.E.2d 825 ; People v. Flowers (1958), 14 Ill. 2d 406, 413-14 , 152 N.E.2d 838 .) The decision of whether to grant a mistrial is within the sound discretion of the trial court, and that determination will not be disturbed unless it appears that there was a manifest necessity for a mistrial or the ends of justice would be affected by continuing the trial.

1992(See People v. Melquist (1962), 26 Ill. 2d 22, 30 , 185 N.E.2d 825 ; People v. Flowers (1958), 14 Ill. 2d 406, 413-14 , 152 N.E.2d 838 .) The decision of whether to grant a mistrial is within the sound discretion of the trial court, and that determination will not be disturbed unless it appears that there was a manifest necessity for a mistrial or the ends of justice would be affected by continuing the trial.

1992(See People v. Melquist (1962), 26 Ill. 2d 22, 30 , 185 N.E.2d 825 ; People v. Flowers (1958), 14 Ill. 2d 406, 413-14 , 152 N.E.2d 838 .) The decision of whether to grant a mistrial is within the sound discretion of the trial court, and that determination will not be disturbed unless it appears that there was a manifest necessity for a mistrial or the ends of justice would be affected by continuing the trial.

1989Ed. 2d 514 , 106 S. Ct. 2056 ; People v. Rogers (1988), 123 Ill. 2d 487 , 528 N.E.2d 667 .) Drawing an analogy between polygraph results and a codefendant’s inculpatory statement based upon this judicial determination of the questionable reliability of both a polygraph and a codefendant’s inculpatory statement, defendant asserts that confronting a defendant with his codefendant’s statement, similar to confronting a defendant with the results of a polygraph test, should not be held an intervening circumstance that dissipates the taint of an illegal arrest.

1989Ed. 2d 514 , 106 S. Ct. 2056 ; People v. Rogers (1988), 123 Ill. 2d 487 , 528 N.E.2d 667 .) Drawing an analogy between polygraph results and a codefendant’s inculpatory statement based upon this judicial determination of the questionable reliability of both a polygraph and a codefendant’s inculpatory statement, defendant asserts that confronting a defendant with his codefendant’s statement, similar to confronting a defendant with the results of a polygraph test, should not be held an intervening circumstance that dissipates the taint of an illegal arrest.

1989(See, e.g., People v. Duncan (1988), 124 Ill. 2d 400 , 530 N.E.2d 423 .) The results of a polygraph test, in contrast, have been determined to be inherently unreliable and therefore per se inadmissible at trial.

1989(See, e.g., People v. Duncan (1988), 124 Ill. 2d 400 , 530 N.E.2d 423 .) The results of a polygraph test, in contrast, have been determined to be inherently unreliable and therefore per se inadmissible at trial.

1989App. 3d 760 , 506 N.E.2d 1378 ; People v. Thomas (1984), 123 Ill.

1989(See, e.g., People v. Taylor (1984), 101 Ill. 2d 344 , 462 N.E.2d 478 .) As a result, we do not find defendant’s analogy persuasive and decline to adopt defendant’s reasoning as ground to reach a conclusión contrary to the precedent stated above.

1989Defendant notes that courts have held that confronting an illegally detained suspect with the results of a polygraph test is insufficient to purge the taint of an illegal arrest (citing People v. Franklin (1987), 115 Ill. 2d 328 , 504 N.E.2d 80 ; People v. Haymer (1987), 154 Ill.

1989Defendant notes that courts have held that confronting an illegally detained suspect with the results of a polygraph test is insufficient to purge the taint of an illegal arrest (citing People v. Franklin (1987), 115 Ill. 2d 328 , 504 N.E.2d 80 ; People v. Haymer (1987), 154 Ill.

1989Defendant notes that courts have held that confronting an illegally detained suspect with the results of a polygraph test is insufficient to purge the taint of an illegal arrest (citing People v. Franklin (1987), 115 Ill. 2d 328 , 504 N.E.2d 80 ; People v. Haymer (1987), 154 Ill.

1989App. 3d 760 , 506 N.E.2d 1378 ; People v. Thomas (1984), 123 Ill.

1989Ed. 2d 514 , 106 S. Ct. 2056 ; People v. Rogers (1988), 123 Ill. 2d 487 , 528 N.E.2d 667 .) Drawing an analogy between polygraph results and a codefendant’s inculpatory statement based upon this judicial determination of the questionable reliability of both a polygraph and a codefendant’s inculpatory statement, defendant asserts that confronting a defendant with his codefendant’s statement, similar to confronting a defendant with the results of a polygraph test, should not be held an intervening circumstance that dissipates the taint of an illegal arrest.

1985The results of a polygraph test may not be used at trial in a criminal case in Illinois (People v. Baynes (1981), 88 Ill. 2d 225 ), in the sentencing phases of a capital case (People v. Szabo (1983), 94 Ill. 2d 327 ), or in the hearing on a post-trial motion (People v. Yarbrough (1982), 93 Ill. 2d 421 ).

1985The results of a polygraph test may not be used at trial in a criminal case in Illinois ( People v. Baynes (1981), 88 Ill.2d 225 ), in the sentencing phases of a capital case ( People v. Szabo (1983), 94 Ill.2d 327 ), or in the hearing on a post-trial motion ( People v. Yarbrough (1982), 93 Ill.2d 421 ).

1985The results of a polygraph test may not be used at trial in a criminal case in Illinois (People v. Baynes (1981), 88 Ill. 2d 225 ), in the sentencing phases of a capital case (People v. Szabo (1983), 94 Ill. 2d 327 ), or in the hearing on a post-trial motion (People v. Yarbrough (1982), 93 Ill. 2d 421 ).

1985The results of a polygraph test may not be used at trial in a criminal case in Illinois ( People v. Baynes (1981), 88 Ill.2d 225 ), in the sentencing phases of a capital case ( People v. Szabo (1983), 94 Ill.2d 327 ), or in the hearing on a post-trial motion ( People v. Yarbrough (1982), 93 Ill.2d 421 ).

1985The same prohibition has been held to be applicable to information elicited from a witness while under the influence of a so-called “truth serum.” (People v. Harper (1969), 111 Ill.

1976(People v. Gargano, 10 Ill.

1976App. 3d 858 , 327 N.E.2d 461 (1974).) The results of a polygraph test are inadmissible for the purpose of establishing guilt or innocence.

1971The mere suggestion of a test as noted in Nimmer, 25 Ill.2d 319 , supra, at page 321 (although there referenced to guilt rather than to sentence) demonstrates this.

1965The Kenny case by sub silentio has apparently been overruled in that state, since in a subsequent case, People v. Forte, 279 NY 204 , 18 NE2d 31 , the court excluded the results of a polygraph test without noticing the Kenny case.

1965The Kenny case by sub silentio has apparently been overruled in that state, since in a subsequent case, People v. Forte, 279 NY 204 , 18 NE2d 31 , the court excluded the results of a polygraph test without noticing the Kenny case.