The Admissibility of Scientific Evidence Under the New Mexico and federal Rules of Evidence

In State v. Dorsey the New Mexico Supreme Court held that the results of polygraph examinations are admissible in evidence if sufficient foundation has been laid to show that (1) the polygraph operator is an expert, (2) the particular testing technique used is reliable and approved by the authorities in the field, and (3) the test results are valid for the particular subject tested. This decision overruled a series of cases holding that polygraph results were not generally admissible. In reaching its decision, the New Mexico Supreme Court specifically relied on several rules of evidence that were adopted effective July 1, 1973.2 State v. Dorsey is the is the first reported case involving the admissibility of scientific evidence under the New Mexico or the Federal Rules of Evidence. This Article will analyze the Dorsey opinion in light of earlier cases in New Mexico and recent polygraph cases in other jurisdictions and will suggest a theory of admissibility of scientific evidence under the New Mexico and Federal Rules of Evidence.' In addition, the Rules of Evidence will be examined to determine whether they embody a new theory of admissibility for scientific evidence or whether they essentially codify the earlier standard-general acceptance in the scientific community