The question of whether polygraph test results can be used in court is complex and varies by jurisdiction. Broadly speaking, states in the U.S. are split into two groups regarding this issue: those that categorically reject polygraph evidence in court and those that may accept it under specific conditions, such as mutual agreement between the defense and prosecution.
Currently, there are 23 states where polygraph tests have the potential to be considered in legal proceedings, predominantly under the condition that both involved parties consent to the introduction of the results. It’s worth noting that polygraph tests are more commonly utilized in civil cases, for issues like employment disputes or security clearance denials, rather than in criminal trials.
In some states, like Georgia, individuals who believe they have been wronged due to inaccurate polygraph results have the right to seek legal recourse against the administrator of the test. This could include compensation for job opportunities lost due to erroneous interpretations or inappropriate questioning during the test.
Conversely, several states, including New York, Texas, Pennsylvania, Illinois, and Washington, D.C., maintain a firm stance against the admissibility of polygraph evidence, regardless of any agreement between the parties involved.
The divergent views on polygraph evidence stem from the absence of nationwide standards governing their use, leaving much to the discretion of individual judges and state laws. The foundational case of Frye v. U.S. in 1923 initially set a precedent against the reliability of polygraph tests in court. However, subsequent legal developments, such as the Federal Rules of Evidence and the 1993 Supreme Court ruling in Daubert v. Merrell Dow Pharmaceuticals, have granted federal judges more leeway in deciding on the admissibility of such evidence, provided it meets specific criteria.
The 1998 U.S. v. Scheffer case further clarified the stance on polygraph tests in military trials, stating they could only be admitted with a judge’s permission and in accordance with established standards.
The Employee Polygraph Protection Act (EPPA) of 1998 also plays a significant role in the use of polygraph tests, particularly in employment-related disputes, though it exempts certain sectors like government and security firms.
Circumstances When Polygraphs Are Not Admissible
Polygraph tests may not be admitted in court for several reasons, including jurisdictional non-recognition, lack of mutual consent between the parties, specific legal prohibitions, or a judge’s decision in a particular case. The reliability of polygraph tests is often questioned due to potential inaccuracies in the equipment or bias in the administration, leading to their limited use as evidence.
Rights Regarding Polygraph Testing
Individuals cannot be compelled to take a polygraph test under the EPPA and various state laws. Refusal to take a polygraph cannot be held against a person in court. However, voluntary test results can be used, and prosecutors might leverage the final report to bolster their case.
Seeking Legal Guidance
Given the complexities surrounding polygraph tests and their admissibility, individuals facing such situations should consult with a criminal defense attorney to understand their rights and options, ensuring informed decisions regarding their legal strategy.
