POLYGRAPHS IN 213 WRONGFUL CONVICTION EXONERATIONS

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Presentation transcript:

POLYGRAPHS IN 213 WRONGFUL CONVICTION EXONERATIONS By Morrison Bonpasse BonPasse Exoneration Services at the 2013 Innocence Network Conference. Charlotte, NC

METHODOLOGY CASES FOUND ON INTERNET: SEARCH “POLYGRAPH” “WRONGFUL CONVICTION” “EXONERATION” KEY SOURCE: NATIONAL REGISTRY OF EXONERATIONS NEWS ARTICLES; FEDERAL CASES(PACER)

METHODOLOGY CATEGORIES EXONEREES DECEPTIVE/NON-DECEPTIVE WITNESSES/INFORMANTS SUPPORT EXONEREE INNOCENCE? TWO WAYS: DI or NDI BEFORE TRIAL/AFTER TRIAL

METHODOLOGY Each case classified only once, regardless of # Beatrice Six PRIORITIES Examinations of exonerees over witnesses Rubin “Hurricane” Carter Pre-trial examinations over post trial Tim Masters, Lenell Geter

147 EXONEREE POLYGRAPHS 94 PASSED (NDI NO DECEPTION IND) 46 BEFORE TRIAL 48 AFTER TRIAL 30 UNCERTAIN RESULTS 23 FAILED (DI DECEPTION INDICATED)

66 POLYGRAPHS OF OTHERS 40 SUPPORTED INNOCENCE 25 BEFORE TRIAL 15 AFTER TRIAL 18 UNCERTAIN 8 NOT SUPPORT EX’EE INNOCENCE

117 POLYGRAPHS OF EXONEREES ONLY CLEAR RESULTS 94 (80%) PASS (NO DECEPTION INDICATED) 23 (20%) FAIL (DECEPTION INDICATED)

134 POLYGRAPHS SUPPORT INNOCENCE 94 EXONEREE POLYGRAPHS 46 BEFORE TRIAL 48 AFTER TRIAL 40 POLYGRAPHS OF OTHERS

31 POLYGRAPHS NOT SUPPORT INNOCENCE 23 EXONEREES FAIL 8 POLYGRAPHS OF OTHERS NOT POINT TO INNOCENCE

OVERALL CLEAR RESULTS 165 TESTS WITH CLEAR RESULTS 134 (81%) SHOWING INNOCENCE 31 (19%) NOT SHOWING INNOCENCE

NOTABLE NOTES FIRST POLYGRAPH EXONEREE: 1939. AMONG THE 46 PRE-TRIAL NDI – ONE OF THE CENTRAL PARK FIVE 40 INMATES NOW IN PRISON HAVE PASSED POLYGRAPHS ONE PRISON WARDEN REFUSED, SO FAR, PERMISSION FOR 2ND POLYGRAPH

RECOMMENDATIONS POLYGRAPHS SHOULD BE ENCOURAGED FOR DEFENDANTS CLAIMING INNOCENCE AND FOR WITNESSES INFORMANTS IF FAIL/INCONCLUSIVE, OFFER 2ND EXAM CHANCE 2 FALSE POSITIVE 4% (=20% x 20%) NEUTRAL POLYGRAPH EXAMINERS PROSECUTORS AND LAWYERS SHOULD HEED POLYGRAPH RESULTS

RECOMMENDATIONS (CONT’D) CONFESSIONS OBTAINED AFTER FAILED POLYGRAPH – NOT ADMIT AMERICAN POLYGRAPH ASSN. AND/OR OTHERS SHOULD INVESTIGATE THE 23 ACTUAL EXONEREE FAILURES AND 8 FAILURES OF OTHERS. PERIODICALLY UPDATE DATA IN ARTICLE

FORENSIC TOOLS FOR CLAIMS OF INNOCENCE DNA IN 5% OF CASES A PERSON, SUBJECT TO POLYGRAPH, IN 100% OF CASES