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Federal CDs in jurisdictions where polygraph admissibility is contested or where the prosecution offers polygraph-derived evidence.

Daubert / Frye Challenge — Polygraph Examination

FRE 702 / Frye motion to exclude polygraph evidence (or to admit a defense-favorable result). NRC 2003 grounded.

File the FRE 702 / Frye motion citing NRC 2003's finding that the physiological responses the polygraph measures arise in the absence of deception — and that anxiety about the test itself drives the same readings the prosecution will call evidence of guilt.

“These same states can arise in the absence of deception. Moreover, many other psychological and physiological factors (e.g., anxiety about being tested) also affect those responses.”

NRC, The Polygraph and Lie Detection (2003) — Executive Summary(opens in new tab)
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What this template gives you that the discipline-specific treatise does not.
  1. 01.

    United States v. Scheffer, 523 U.S. 303 (1998) upheld a per-se exclusion rule under Military Rule of Evidence 707 — the federal-court doctrinal anchor.

  2. 02.

    NRC found the underlying research base for polygraph accuracy 'relatively low' in quality.

  3. 03.

    Polygraph countermeasures research is well-documented; cross-exam on examiner training in countermeasure detection is rarely conducted.

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Daubert — Polygraph — Case details

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Court the matter is pending in. Stamps the brief cover and informs which circuit-level FRE 702 doctrine to flag in the motion language.

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Frequently asked questions.

What does the brief contain?

Seven sections: cover (your case identifier + jurisdiction stamped on), reliability standard recap (Daubert v. Merrell Dow factors), the lead authority's verbatim finding with source URL, the cumulative-error history with cited exonerations / IG audits / appellate opinions, recommended FRE 702 motion language (~250 words editable), a 10-15 question cross-examination question bank, and the methods + source URLs bibliography.

Is this legal advice?

No. The template is a research artifact modeled on the published critique literature for this discipline. Counsel of record adapts the motion language to the controlling circuit's FRE 702 doctrine and the facts of the case before filing.

How fast is delivery?

Stripe checkout completes in seconds; the PDF is emailed to the address you provide. Templates are pre-built — there is no per-case data pipeline running.

Do you cite anything I cannot independently verify?

No. Every citation in every brief carries a source URL stored alongside. Lead authorities are PCAST 2016, NAS 2009 / 2014, NRC 1979 / 2003, FBI/DOJ 2015. All are public-domain and linked to their original publication pages.

Refund policy?

7-day full refund, no questions asked.

Daubert — Polygraph | BenchRecon — BenchRecon