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Polygraph Test (lie detector test)

It operates on the principle that stress causes physiological changes in


the body which can be measured to indicate whether the subject of
examination is telling the truth.
WON it is admissible.
Courts accordingly uniformly reject the results of polygraph tests
when offered in evidence for the purpose of establishing the guilt or
innocence of one accused of the crime because it has not yet attained
scientific acceptance as a reliable and accurate means of ascertaining
the truth or deception.

Paraffin test
Paraffin test have been considered as inconclusive by the Court
because scientific experts concur in the view that paraffin test have proved
extremely unreliable to use. The test can only the presence or the absence
of the nitrates or nitrites on the hand, but the test alone cannot determine
whether the source of the nitrates or nitrites was the discharge of a firearm.
The presence of nitrates should be taken only as an indication of a
possibility or even a probability but not of infallibility that a person has fired
a gun, since nitrates are also admittedly found in substances other than
gunpowder.
Deoxyribonucleic acid (DNA)
Guidelines used by courts in assessing the probative value of DNA
evidence:
(a)
(b)
(c)
(d)
(e)

How are the sample were collected;


How they were handled;
The possibility of contamination of the samples;
The procedure followed in analysing the samples;
Whether the proper standards or procedure were followed in
conducting the test; and
(f) The qualification of the analyst who conducted the test.

Are the DNA Profiles of a person open to public scrutiny?


They are not. DNA profiles and all the results or other information
obtained from DNA testing are confidential. Whoever discloses the
information concerning a DNA profile without the proper court order shall be
liable for indirect contempt of the court.
Exception, results shall only be released to the following:
(a)
(b)
(c)
(d)
(e)

The person from whom the sample was taken;


Lawyers representing the parties;
Lawyers of the private complainants on criminal action;
Duly authorized law enforcement agencies; and
Other persons determined by the court. (Sec. 11, RDE)

Object evidence and the right against self-incrimination


The right against self-incrimination cannot be invoke against object
evidence.
This right is simply a prohibition against legal process to extract from
the [accused]s own lips, against his will, admission of his guilt. Justice
Holmes
Scientific test, demonstrations and experiments.
The issue of refusing or granting request for demonstrations,
experiments and tests in open court is a subject to judicial discretion. Incourt re-enactment of material events by the witness has been held
permissible to help illustrate the testimony of a witness.

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