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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. |
