polygraph test in Kentucky

2016In Gantley, the court held that there was manifest necessity for a mistrial where defendant, in direct violation of a court order, introduced evidence that he had taken a polygraph test which "obviously was to bolster his own testimony, to the prejudice of the government." Id.

2016In Gant-ley, the court held that there was manifest necessity for a mistrial where defendant, in direct violation of a court order, introduced evidence that he had taken a polygraph test which “obviously was to bolster his own testimony, to the prejudice of the government.” Id.

2020We review a trial court’s decision to admit or exclude evidence for abuse of discretion.22 The rule that evidence of polygraph examinations and results is inadmissible is well-settled and long-standing.23 Similarly, a party’s offer to take a polygraph or refusal to take a polygraph is inadmissible.24 We exclude such statements whether the person taking, offering to take, or refusing to take the examination was the accused or another witness.25 22 English, 993 S.W.2d at 945 . 23 See e.g., Ice v. Commonwealth, 667 S.W.2d 671, 675 (Ky. 1984); Perry v. Commonwealth ex. rel.

2012Id.

1994I hit her.” The majority of the Court of Appeals’ panel relied upon Wyrick v. Fields, 459 U.S. 42 , 103 S.Ct. 394 , 74 L.Ed.2d 214 (1982), and Silverburg v. Commonwealth, Ky., 587 S.W.2d 241 (1979), to admit the confession into evidence, holding that appellant had initiated the interrogation by agreeing to take the polygraph test, which invited the examiner to ask any questions about the alleged abuse of the child.

1994I hit her." The majority of the Court of Appeals' panel relied upon Wyrick v. Fields, 459 U.S. 42 , 103 S.Ct. 394 , 74 L.Ed.2d 214 (1982), and Silverburg v. Commonwealth, Ky., 587 S.W.2d 241 (1979), to admit the confession into evidence, holding that appellant had initiated the interrogation by agreeing to take the polygraph test, which invited the examiner to ask any questions about the alleged abuse of the child.

1994I hit her.” The majority of the Court of Appeals’ panel relied upon Wyrick v. Fields, 459 U.S. 42 , 103 S.Ct. 394 , 74 L.Ed.2d 214 (1982), and Silverburg v. Commonwealth, Ky., 587 S.W.2d 241 (1979), to admit the confession into evidence, holding that appellant had initiated the interrogation by agreeing to take the polygraph test, which invited the examiner to ask any questions about the alleged abuse of the child.

1994I hit her.” The majority of the Court of Appeals’ panel relied upon Wyrick v. Fields, 459 U.S. 42 , 103 S.Ct. 394 , 74 L.Ed.2d 214 (1982), and Silverburg v. Commonwealth, Ky., 587 S.W.2d 241 (1979), to admit the confession into evidence, holding that appellant had initiated the interrogation by agreeing to take the polygraph test, which invited the examiner to ask any questions about the alleged abuse of the child.

1992In Workman , we endorsed the ringing phrases of Oliver Wendell Holmes, registered in his dissent in Olmstead v. United States, 277 U.S. 438 , 48 S.Ct. 564 , 72 L.Ed. 944 (1928), to the effect that in the last analysis it is less evil that a criminal should escape punishment than that the government should be allowed to welsh on its bargain.

1992In Workman , we endorsed the ringing phrases of Oliver Wendell Holmes, registered in his dissent in Olmstead v. United States, 277 U.S. 438 , 48 S.Ct. 564 , 72 L.Ed. 944 (1928), to the effect that in the last analysis it is less evil that a criminal should escape punishment than that the government should be allowed to welsh on its bargain.

1983Appellant asserts that under Conley v. Commonwealth, Ky., 382 S.W.2d 865 (1964) and its progeny,, any reference to a polygraph exam is error.

1983Penn v. Commonwealth, Ky., 417 S.W.2d 258 (1967).