The expert's opinion is probative
evidence which may be considered by you along with all of the other evidence in
the case.
However, you are not bound by this
expert opinion. You should consider this
opinion, but it is for you to determine what weight to give to this evidence,
whether that be great or slight, or you may reject it. In examining this opinion, you may consider
the reasons given for it, if any, and you may also consider the expert's
qualifications and credibility.
It is always within the special
function of the jury to decide whether the facts on which the answer of an
expert is based actually exist, and the value or weight of the opinion of the
expert is dependent upon and no stronger than the facts on which it is
predicated.
Depending upon your decision as to
the credibility and weight to give the evidence, the defendant must be found
not guilty if the polygraph evidence raises in your mind a reasonable doubt as
to the defendant's guilt. On the other
hand, after considering the polygraph evidence along with all of the other
evidence, if you are convinced that the State has proven all of the elements of
the crime charged beyond a reasonable doubt, then you must find the defendant
guilty. (You should consider each charge
or count of the indictment separately).
