[19980413]98-358_禁止使用测谎仪证据并不等于剥夺军事被告的辩护权.pdf

166 U.S.L.W. 4235 (U.S. April 7, 1998).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-358 AApril 13, 1998Ban on Use of Polygraph Evidence Does NotAmount to Abridgement of MilitaryDefendants Right to Present a DefensePaul S. Wallace, Jr.Specialist in American Public LawAmerican Law DivisionSummaryMilitary Rule of Evidence 707 excludes polygraph evidence in military trials. TheSupreme Court on March 31,1998, upheld the ban, holding that it did not violate theSixth Amendment rights of defendants. The Court also said that the military ban on theuse of such evidence “.does not unconstitutionally abridge the right to present adefense.”BackgroundIn March of 1992, the appellant in United States v. Scheffer1, began working as aninformant for the Air Force Office of Special Investigations (OSI). On April 7, 1992, atthe request of OSI, the appellant voluntarily provided a urine sample. Periodic urinalysesare normal procedure for volunteer informants.On April 10th, OSI asked appellant to submit to a polygraph examination. The OSIpolygraph examiner asked the appellant three questions: (1) had he ever used drugs whilein the Air Force;