The admissibility of polygraphs as evidence in criminal proceedings
with a focus on human dignity and the nemo tenetur principle
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Given the ever-accelerating pace of technological development in our time, there may well be a reliable method for detecting lies using a device in the future. This paper aims to clarify whether such a lie detector should be considered admissible evidence in court from a purely legal perspective. The paper contains a brief description of how a polygraph works, as well as an overview of some countries in which lie detectors are used in court. The main focus of the argument is on the nemo tenetur principle and the fundamental right to human dignity. These two cornerstones of criminal proceedings...
Given the ever-accelerating pace of technological development in our time, there may well be a reliable method for detecting lies using a device in the future. This paper aims to clarify whether such a lie detector should be considered admissible evidence in court from a purely legal perspective. The paper contains a brief description of how a polygraph works, as well as an overview of some countries in which lie detectors are used in court. The main focus of the argument is on the nemo tenetur principle and the fundamental right to human dignity. These two cornerstones of criminal proceedings make it clear that the admissibility of the polygraph in court should not be permitted on purely legal grounds, even if such a device is one day proven to be reliable.
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