What is the test for abuse of discretion in polygraph evidence?
California, United States of America
The following excerpt is from People v. Ortiz, B296617 (Cal. App. 2020):
polygraph examination, shall not be admitted into evidence in any criminal proceeding . . . unless all parties stipulate to the admission of such results." Subdivision (b) clarifies, "Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible." ( 351.1.) We review a trial court's ruling on the admissibility of polygraph-related evidence for abuse of discretion. (People v. Thompson (2016) 1 Cal.5th 1043, 1120.)
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