The polygraph, often called a lie detector, is a device that measures and records several physiological responses such as blood pressure, heart rate, respiration, and skin conductivity while a person is asked a series of questions. The underlying theory is that deceptive answers will produce different physiological responses than truthful answers. But the big question remains for many facing legal or employment scrutiny: Can They Use A Polygraph Against You? The answer is complex and depends heavily on the context of the situation.
The Admissibility of Polygraph Results in Court
The use of polygraph results in court is a highly contentious issue. Generally, in most US jurisdictions, polygraph evidence is not admissible in court. This is because many courts view the reliability and accuracy of polygraph tests as questionable. The scientific community is divided on the validity of polygraphs, with concerns raised about the possibility of false positives (identifying innocent people as deceptive) and false negatives (failing to detect deception in guilty individuals). There are some exceptions but these require specific circumstances.
- Voluntary agreement by both parties (prosecution and defense)
- Admissibility varies by state and federal jurisdictions
- Limited use in sentencing phases in some cases
Despite the general inadmissibility, there are instances where polygraph results might be considered. If both the prosecution and the defense agree beforehand that the results will be admissible, a judge might allow it. However, even with such an agreement, the judge retains the ultimate discretion to exclude the evidence if they believe it would be prejudicial or misleading to the jury. Also, it’s crucial to understand that even when admitted, polygraph evidence is typically used to corroborate other evidence, not as the sole determinant of guilt or innocence.
- Rule 702 of the Federal Rules of Evidence
- Frye Standard
- Daubert Standard
Federal law also places restrictions on the use of polygraphs, particularly in the employment context. The Employee Polygraph Protection Act (EPPA) generally prohibits employers from requiring or requesting employees or job applicants to take a polygraph test. There are, however, exemptions for certain types of employers, such as government agencies, national defense and security related businesses, and certain security services. Even when these exemptions apply, there are specific procedures and guidelines that must be followed to ensure fairness and protect the rights of individuals being tested.
| Employer Type | Polygraph Use Allowed |
|---|---|
| Government Agencies | Yes |
| Private Employers (Generally) | No |
| Security Firms | Yes (with restrictions) |
Understanding the laws surrounding polygraph usage is crucial. For a deeper dive into your rights and potential legal implications, consulting a legal professional is highly recommended. Don’t rely solely on this information; seek expert advice tailored to your specific situation.