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LostInParadise's avatar

Would a heart monitor readout be admissible evidence in a trial?

Asked by LostInParadise (17978 points ) August 11th, 2010

Suppose that someone wearing a heart monitor is suspected of a crime. The prosecution wants access to the readout of the monitor in order to establish a strong emotional reaction to a conversation that occurred at a known time. Is this privileged doctor-patient information?

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6 Answers

CMaz's avatar

No, too many variables as to what would bring the heart rate up.
Bad memory’s, spicy food, fatigue. All will be brought up to discredit the data..

jrpowell's avatar

You might find this story interesting.

LostInParadise's avatar

@johnpowell, That is a neat story.

@ChazMaz , What you are saying may be true, but I am curious if the recording could be blocked from entry based on privacy.

marinelife's avatar

It would not be allowed in as evidence of strong emotion.

FireMadeFlesh's avatar

I’m not sure if it would violate privacy laws, but it could certainly give away private information such as whether or not a person is suffering from heart disease etc. The point could be argued, but I don’t know the Privacy Act well enough to say definitively.

perspicacious's avatar

Probably if could be properly authenticated and passed the relevancy test. This is allowed under the Rules of Evidence.

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