폴리그라프 검사결과의 증거능력

Abstract

Nowadays, polygraph test is frequently used as forensic science. Especially, it plays an important role in a case of no witness, no real evidence, a sex offense(rape or fornication). But supreme court has an negative opinion about a polygraph test result since 1979. Supreme Court’s view does not harmonize with the fields of investigation which need largely a polygraph test. When we think of it, we accepted a polygraph test 50years ago and an environment of test has been highly developed. Also, criminal procedure has been changing, for exemple introduction of court-oriented trials and the jury trial system. In consideration of this circumstance, the admissibility of polygraph test results should be reconsidered. An arguing point of negative view in admissibility of polygraph test results could be summarized as follows. First, polygraph test results cannot be trusted. Second, polygraph test infringes on personal rights because it sees through the inner world of human by using machine. However, as a research of polygraph test, the accuracy of polygraph test is 91~97percentage. Moreover, test equipment and environment has been growing beyond comparison with the past. Although we cannot say that polygraph test results is perfect, it has a considerable reliability. Other scientific evidences are also imperfect. It is unfair to deny only the admissibility of polygraph test results by using a strict standard. In addition, if polygraph test has an admissibility, it is just not direct evidence but circumstances evidence. And it is a different matter from the probative power of evidence. Also, polygraph test needs a suspected person’s consent. and it is made from the analysis of chart which is recorded about a breath, a pulse of a suspected person. It does not infringe the inner world of a suspected person. It can be understood just like the test of blood alcohol concentration, DNA. Therefore, polygraph test is not an infringement of personal rights. In a word, nowadays we can approve a natural relevance of polygraph test because it has a reliability just like other scientific evidences. Also we can approve a legal relevance of polygraph test because it does not infringe personal rights, it should be conducted with a suspected person’s consent and cooperation. Therefore, supreme court’s attitude of polygraph test results must be changed. Merely, a current polygraph test system should be improved because it is directly conducted with a subject of human. First, a qualification of examinar is the most important in polygraph test. So we should legislate a law and regulations about selection, education, qualification test of examiner. Second, we must make a standard about test equipment, test place, condition of examinee etc.... The third, since polygraph test organizations are directly or indirectly related to investigative organization, they should be independent from investigative organization. Also, we should raise the reliability of test results by introducing a cross analysis system between polygraph test organizations.