Private polygraph tests are becoming an increasingly popular tool among defense attorneys to help exonerate their clients in criminal cases. Understanding the intricacies of these tests and their strategic application can provide valuable insights for individuals considering this defense avenue.
The Basics of Private Polygraph Testing
What is a Private Polygraph Test?
A private polygraph test is a voluntary lie detector test conducted by a certified polygrapher. It’s used by defendants to demonstrate their truthfulness regarding specific allegations in criminal cases.
How it Works
During the test, the examinee is asked a series of questions, particularly about their involvement in the alleged crime. The polygraph measures physiological responses that may indicate truthfulness or deception. Favorable results can be used to persuade the prosecution to reconsider or dismiss the charges.
Strategic Use in Legal Defense
Early Use for Charge Dismissal
Taking a private polygraph test early in the legal process, such as during the pretrial phase, can be a strategic move. Demonstrating innocence through polygraph results may lead to the dismissal of charges by the prosecution.
Negotiating with the Prosecution
In cases where the initial polygraph results do not lead to charge dismissal, they can still be used as a negotiation tool. Defense attorneys may propose a second polygraph conducted by the prosecutor’s office, potentially leading to a case dismissal based on the new results.
Impact on Plea Bargaining
Private polygraph tests can also play a role in plea bargaining, especially when the results are not entirely favorable. They may provide a basis for negotiating a plea to lesser charges, thereby avoiding the risks associated with a full trial.
Practical Considerations
Legal Admissibility
It’s important to note that polygraph test results are generally not admissible as evidence in jury trials unless both the defense and prosecution agree. This limitation underscores the importance of using polygraph tests more as a strategic tool rather than direct evidence.
Conducting a Test While Incarcerated
Individuals in jail can still undergo private polygraph tests. This process requires obtaining a court order and coordinating with the correctional facility to administer the test.
Cost Factors
The cost of a private polygraph test varies, typically ranging from $200 to $2,000, depending on the complexity and duration of the examination.
Conclusion
Private polygraph tests offer a unique strategy for individuals seeking to defend themselves in criminal cases. While they come with certain limitations and are not universally admissible in court, they can play a crucial role in the pretrial negotiations and strategy formulation. Understanding these tests and their potential application is essential for anyone considering this defense approach.
