COMMONWEALTH v. MENDES


406 Mass. 201 (1989)

547 N.E.2d 35

COMMONWEALTH vs. BENJAMIN MENDES (and eight companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

December 11, 1989.


Attorney(s) appearing for the Case

Corinne Hirsch, Assistant District Attorney, for the Commonwealth.

Carol A. Donovan, Committee for Public Counsel Services, for Benjamin Mendes.

Eric I. Zucker for Kenneth Rosenberg.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

In this case, we reexamine the admissibility of polygraphic evidence in criminal trials in this Commonwealth. Persuaded both by the failure of the basic theory of polygraphy to have gained general acceptance among physiological and psychological authorities, and by the nearly unanimous rejection of such evidence by courts throughout the United States (at least in the absence of stipulation), we conclude that polygraphic evidence is inadmissible in criminal...

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