In what circumstances will the jury not consider whether or not defendant has taken a polygraph test?
California, United States of America
The following excerpt is from People v. Sapp, 2 Cal.Rptr.3d 554, 31 Cal.4th 240, 73 P.3d 433 (Cal. 2003):
In any event, Aplington's comment was brief and did not directly tell the jury whether or not defendant had taken a polygraph test or inform it of the subject matter or results of any such test. The
[2 Cal.Rptr.3d 607]
trial court immediately admonished the jury not to consider anything about a polygraph examination. We assume the jury complied with that admonition. (People v. Pride (1992) 3 Cal.4th 195, 240, 10 Cal. Rptr.2d 636, 833 P.2d 643.) Moreover, in light of the very strong, if not overwhelming, evidence that defendant killed his mother, the witness's blurting out the word "polygraph" resulted in no possible prejudice.[2 Cal.Rptr.3d 607]
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