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Are the results of a polygraph exam admissible in court?
It depends. Generally, the results of a polygraph examination are not admissible in evidence under the current rules of evidence. However, if both parties stipulate (agree) that the results of the polygraph examination are admissible, then the court will allow that evidence to be heard by the jury.
What if the police ask me to take a polygraph examination? What should I do?
Don't take the examination. It is this writer's opinion that the prosecutors and the police use the polygraph examination as a tool in their investigation. If your answers show any sign of fluctuation in the needles, they assume that you are deceptive or lying in your responses (even if you could be telling the truth). They will then confront you with your "deceptiveness" and attempt to get you to "come clean" with them. You should not fall in to this trap.
If I refuse to take a polygraph, won't they think I'm guilty?
So what. Your refusal to take a polygraph can never be used against you in court. Although prosecutors and police are supposed to seek out the truth, it sometimes doesn't work that way. They are accusatory agencies, and as such, will attempt to prove that you are guilty by obtaining a confession. You are presumed innocent of any charges, and whether the police believe you or not is of no consequence. The truth should come out in court before a jury of your peers. ALWAYS refuse to take the polygraph examination, and ALWAYS insist on having a lawyer present before answering any more questions.
Can I have a polygraph examination performed by someone of my own choosing?
Absolutely. You may have a qualified polygraphist that YOU choose to give you the examination If your answers are deemed truthful, you can present this information to the prosecutor in the hopes of having the investigation stopped or redirected, or having charges dropped against you. |
