Saturday 31 December 2011

Emedinews:Insights on Medicolegal issues:Statements made in narco test have to be corroborated by further evidence



In the United States of America, the New Jersey Supreme Court banned the use of narco analysis in Pitts. V. State for lack of scientific reliability. In India as well, the use of narcoanalysis has been questioned in courts.
The main argument against narcoanalysis is that it is an infringement of the fundamental rights under Article 20(3) of the Constitution, which provides for a privilege against self-incrimination. It violates the human rights of privacy, and the right to health.

  • Narcoanalysis is a tool, which is being used by investigating agencies in criminal cases, as an interrogation technique. The scientific validity of the test has been questioned by medical professionals, ethics forum and the legal validity has also been debated in several international and national cases.
  • An interview conducted while the patient is deeply sedated with medication so that inhibitions are reduced and responses will be more truthful.
  • Narco-analysis is a controlled administration of intravenous hypnotic medications, which induce a sleep-like state. Barbiturates or other drugs like suxamethonium /thiopentone/sodium amytal/scopolamine called truth drugs/serum are used, especially as a means of releasing repressed feelings or thoughts however Under the influence of the drug, the accused has garbled speech and tends to talk about fantasies, and labors under delusions.
  • A person may talk about a crime s/he fantasized about committing, even if they actually have not done it. Their state resembles that of a person in delirium, so these tests are cannot be treated as accurate.
  • The truth serum substance, sodium pentothal is the same substance that in larger dosages is used to induce a deep coma-like state for executions by lethal injection in USA. A large dose of the drug is lethal; a test could result in coma or even death. It can be difficult to determine the correct dose of the drug.
  • Narcoanalysis is an invaluable tool for investigators. Since the results of the test cannot solely be used to prove the guilt of the accused, advocates of narcoanalysis point out that it is not violate of the right against self-incrimination. Statements made under the test have to be corroborated by further evidence.

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