Is a psychological test used to impeach a witness's credibility?

California, United States of America

The following excerpt is from People v. Ayala, 1 P.3d 3, 23 Cal.4th 225, 96 Cal.Rptr.2d 682 (Cal. 2000):

The use of the results of a psychological examination to impeach a witness's credibility is, in the main, disfavored. (See People v. Marshall (1996) 13 Cal.4th 799, 835, 55 Cal.Rptr.2d 347, 919 P.2d 1280.) Evidence Code section 351.1 provides: "(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results. [I] (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible."

Other Questions

Is there a reasonable probability that the defense would have disclosed impeached impeached or impeached evidence to the defense? (California, United States of America)
In what circumstances have defendants been denied access to impeached impeachment evidence by the Court? (California, United States of America)
Is section 28(f)(2) of the California Evidence Code admissible to impeach credibility? (California, United States of America)
Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"? (California, United States of America)
Does section 28, subdivision (f) of the California Criminal Code allow a convicted felon to be impeached for the purposes of the impeachment process? (California, United States of America)
Can a criminal conviction be used to impeach a witness' credibility? (California, United States of America)
What is the test for a defendant's credibility to be impeached if they have been convicted of a similar or similar crime in the past? (California, United States of America)
What is the test for admitting evidence of prior criminal convictions to impeach the credibility of any witness? (California, United States of America)
Is evidence that supports a witness's credibility relevant for impeachment purposes? (California, United States of America)
Can evidence of past misconduct involving moral turpitude be used to impeach the credibility of a Page 17 witness? (California, United States of America)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.