Connecticut v. Porter

The court today retains a per se rale that bars from evidence the results of a polygraph test under any circumstances. This per se rale infringes on the defendant’s constitutional right to present a defense. The significance — and indeed the absurdity — of this rale barring polygraph evidence under any circumstances is demonstrated by hypothesizing the following factual scenario. A defendant is accused of a capital felony subject to the death penalty and the only issue is one of identification — that is, whether he was incorrectly identified by a witness as the perpetrator of the crime. The…