Portland Criminal Defense Attorney BlogThis is the blog for James F. O'Rourke, Jr. and Associates. In this blog we will present information, commentary and our own opinions and philosophy regarding the areas of law in which we practice. It is the purpose of this blog to be informative, helpful and thought provoking. The dynamic interface between the individual and the government is the law. What we mean by that is that when the government sets certain goals, it creates laws to achieve those goals. Those laws touch the lives of the people under the jurisdiction (power) of the government. As criminal defense lawyers, it is our job to make sure that the people we represent receive all of their rights and protections under the law. In some cases, that involves advocating for changes in the law or reinterpretation or correct application of the existing law. As personal injury lawyers, it is our job to make sure that our clients receive all their rights under the law and to secure compensation for the people we represent for injuries and damages they suffer which are caused by the intentional, reckless or negligent acts or omissions of others. |
Posts tagged: Oregon Criminal Defense Attorney
Polygraphs can be used in certain Oregon court proceedings
Contrary to popular belief, polygraph examination can be used in certain court proceedings.
Since 1984, when the Oregon Supreme Court decided State v. Brown, court’s in Oregon have been forbidden from allowing the admission of a polygraph test, even if the parties agree to admit the results into evidence, in the course of a civil or criminal trial. But, not every proceeding is a trial.
Polygraphs are routinely used by the courts to determine compliance with conditions of probation. Convicted sex offenders are often asked to confirm that they have not viewed pornography or had unauthorized contact with minors by the administration of a polygraph examination. Many probations for persons on intensive supervision for DUII require the probationer to confirm abstinence from alcohol and drugs by polygraph. Morever, since the Court of Appeals ruled in State v. Hammond that a judge can use a failed polygraph to find a person in violation his or her their probation, a judge can also use a passed polygraph to find a person not guilty of being in violation of his or her probation.
Recently, the Oregon Court of Appeals determined that polygraph results can be admitted in the course of hearing conducted under the Administrative Procedures Act (APA). In Waisanen v. Clatskanie School District, the Court dealt with a teacher who appealed his dismissal for having sexual contact with student some 30 years previously. The former student came forward, reported the incidents and passed a polygraph. The polygraph results were admitted at the teachers termination hearing and the appeal of his termination. The Court of Appeals noted that under the APA evidence that “prudent people rely on in their serious affairs” is admissible. A passed polygraph, in these circumstances, met that standard of admissibility.
Mr. O’Rourke’s experience as an Oregon Criminal Defense Attorney is that polygraph examinations can be useful in defending clients in criminal prosecutions. A polygraph result may not be admissible at trial, but a passed polygraph, conducted by a well trained polygrapher, can do much to influence a District Attorney’s decision to bring charges or not. We have also had success using polygraph results in defending our client’s in probation violation proceedings, as well as in sentencing hearings criminal charges.
Tags: Oregon Criminal Defense Attorney
Uncategorized | jforourke May 27, 2010 | 
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