that Rule 704(b) stuff is fascinating... :)
I stand corrected vis a vis polygraph technology, though the link from that polygraph service appears to indicate that the door is only now open because of 'newer' and 'better' methods, yet makes no mention of what those advances are. I would be interested in reading some more about this.
Further, in Daubert,
"the trial judge, pursuant to Rule 104(a), must make a preliminary assessment of whether the testimony’s underlying reasoning or methodology is scientifically valid and properly can be applied to the facts at issue. Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subject to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation, and whether it has attracted widespread acceptance within a relevant scientific community."
- which I absolutely love. :)
I also note that it says that
"19 States admit results of PV examinations under stipulation by the parties."
- which would seem to me to be reasoning for using polygraphs to exclude, rather than include a possible defendant.