JANUARY 1977

Page 31

which questions were phrased, noting that the experts disagreed at length as to whether the questions used in this test cou Id serve as a valuable basis for determining the truthfulness of the responses. In its opinion, the Court made the following conclusion: "However, although the inquiry was far from complete, the experience of this case has amply shown that, as of now, the validity of a polygraphic test is dependent upon a large number of variable factors, many of which would be very difficult, and perhaps impossible, to assess. In a given case, the time required in order to explore and seek to adjudge such factors would be virtually incalculable (we did little more than make a beginning in the present case). Accordingly, this Court is impelled to the conclusion that the administration of justice simply cannot tolerate the burden of litigation inherently involved in such a process .... It is believed appropriate to add that, even if the results of the polygraphic examination here concerned were to be received, the amount of reliance that I would be able to place upon them would not overcome the conclusions reached upon hearing the testimony of the above-described entrapment issue." THE LAW IN ARKANSAS AND THE 8TH CIRCUIT: In recent years, there have been several cases throughout the country dealing with the admissibility of polyg raph evidence. However, they have little significance for our purposes in Arkansas in that the ArkanOyez! Oyez! continued from page 3

Shoals. Ed Bedwell, Fort Smith, held a one-man show of his paintings at the

Fort Smith Art Center in August. Richard L Arnold, formerly with Judge Robert Porter of Dallas, Texas, has moved to Ann Arbor, Michigan. The new officers of the Phillips County Bar Association are: John M. Pillman, Pres.: Wooten Epes, v-pres.: and Jesse E. Porter, Sec.Treas. Texarkana Bar Association has

elected officers: C. Weyne Dowd, Pres.: Howard Waldrop, V-Pres.; Joe Griffin, Sec. and Thomas H. Arnold, Treas. Mr. Leon Teske and Mr. Donald Wood, Jr. with Peat. Marwick, Mitchell & Co. spoke to the Southwest Arkansas Bar Association at their August meeting on

Estate Planning. Phillip H. Shlrron, a

sas General Assembly passed Act 342 of 1975 which is codified as Section 42-901 through 42-904, Arkansas Statutes Annotated (1975 Supp.) providing that the results of polygraph tests are inadmissible in all cou rts of this State. As for the federal system in which we practice, the 8th Circuit in United Statea va. Sockel, 478 F.2d 1134 (C.A. 8th Cir. 1973), considered appellant's claim that error resulted from the lower court's refusal of appellant's offer to take a polygraph examination. In response to this contention, Chief Justice Matthes said: "The Court was eminently correct in its ruling." More recently the 8th Circuit ruled that polygraph testimony must be 路excluded. United Statea Va. Alexander, _ _ F.2d _ _, No. 75-1424 (filed Nov. 1B, 1975). In the United States District Court, Eastern District of Arkansas, Western Division, the Honorable G. Thomas Eisele has ruled in Joaeph Phillips, et al va. Gale Weeka, et ai, LR-72-C路26, a case which is still un路 der advisement, in a Memorandum and Order filed December 10, 1975, sustaining Defendants' objection to the admission of the results of polygraph examinations that further scientific evidence on the underlying premise of the test would be valuable. Though Judge Eisele generally feels that a polygraph is as useful to the Court as other forensic sciences, he agrees that more development of basic background research is needed to bring the test to scientific respectability.

RESULTS OF HOUSE SUBCOMMITTEE INVESTIGAnON: Recently the House Government Operations Committee has studied the use of polygraph by the Federal Government and in its report and recommendation accompanying which was summarized in an article which appeared in the Arkansas Gazette on February 2, 1976, concluded: "There is no lie detector, neither machine nor human. People have been deceived by a myth that a metal box in the hands of an investigator can detect truth or falsehood." Ms. Bella Abzug, Chairman of the Subcommittee, pointed out in a statement accompanying the report that their study dealt with the use of these devices by the Government and called for ail Government agencies to stop using polygraphs and other similar devices known as lie detectors. It is interesting to note that the subcommittee was divided on the issue, with 17 of its 42 members objecting to the ban. Though, for the time being, the issue of the admissibility of the polygraph seems to have been decided negatively, one can rest assured that the issue is not dead. The interest in ascertaining the truth will surely continue the interest in the discovery of a lie detector, and that the Courts and the various legislative bodies will be faced with deciding this question in the future as research and deveiopment continues. In the meanwhile, no one can object to its value as an interesting parlor game. !J--.

1976 9raduate, spoke at Career Day for senior students of Grant County. WIlliam K. Mou..r, '76 graduate, has joined the Pine Bluff law firm of Baim, Baim & Mullis. Lightle, Tedder, Hannah and Beebe have announced the association

of Donald P. Raney to their firm. William M. Cromwell, a recent graduate, has joined the Fort Smith law firm of Rose, Kinsey & Cromwell with his office located in Greenwood. Charles Yeargan, also a 1976 graduate, has become an associate to Philip M. Clay for the practice of law in Glenwood. Richard F. Hatfield, Searcy, will open his own law office in January. Ronald T. LeMay, for-

merly of 5t. Louis, and Scoll T. Vaughn, a 1976 9raduate, have joined the NLR law firm Wallace, Hilburn, Clayton, Wilson & Hankins, LTD. H. Oocar Hlrby,

Pat Moran Little Rock, has been promoted to the position of Executive Secretary of the Arkansas WCC. J ....... January 1977/Arkansas Lawyer/29


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JANUARY 1977 by Arkansas Bar Association - Issuu