POLYGRAPH USE (POLYGRAPH TESTING)

Musliu, Havsa (2018) POLYGRAPH USE (POLYGRAPH TESTING). JUSTICIA International Journal of Legal Sciences, 6 (9). pp. 49-53. ISSN 2545-4927 (In Press)

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Abstract

This paper contains the following segments: theoretical explanations for the use of polygraph, the defendant’s rights regarding the use of polygraph in criminal proceedings, the purposes of the defendant’s rights, the role of courts, public prosecutors and police and their obligation to respect the rules of the Criminal Code and Criminal Procedure Law and the rights provided by these acts. Furthermore, in general we will talk about the use of polygraph conditions under which the use of polygraph can be applied, which are those conditions and how respected are those rights in Republic of Macedonia. Certainly, to be eligible for polygraph use, certain conditions must be met. As legal conditions must be fulfilled: 1) that the defendant, in general, be notified of the functioning of the polygraph; 2) First to be warned - to be instructed not to be subject to the polygraph question; and 3) that the defendant voluntarily (without pressure) agrees to be asked with the polygraph. With the use of polygraph, serious contradictions are emphasized - given that this tool influences the defendant's right to a conscious and free defense because he has no influence on his reactions recorded by the polygraph. Besides other things, the opinions of different authors regarding the use of polygraph will be discussed.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	05 Jun 2019 08:32
Last Modified:	05 Jun 2019 08:32
URI:	http://eprints.unite.edu.mk/id/eprint/129

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