Polygraph tests, also known as lie detector tests, are commonly used throughout the United States to test if someone is telling the truth. However, due to their unreliability, courts heavily restrict the circumstances under which polygraphs can be used as evidence in criminal trials. The stakes in criminal cases are very high. Courts do not want men and women to be sent to jail or acquitted simply because a jury was persuaded by an unreliable test that appears to show whether someone is lying or not. This blog post will explain when polygraphs can and cannot be used as evidence in criminal trials in Indiana.
Polygraphs typically cannot be used at criminal trials in Indiana unless several conditions are met. First, the defense attorney, the prosecuting attorney, the judge presiding over the case, and the person charged with committing the crime must all agree in writing to let the polygraph be used at trial. Second, the attorney not presenting the polygraph as evidence in support of their case must be allowed to question the polygraph examiner about how the polygraph was conducted and how reliable it is. Finally, if the case goes to trial the judge must instruct the jury that the polygraph tends only to show whether the person was being truthful at the time of the polygraph, and that it is for the jury to determine whether to believe the results of the polygraph or not.
Whether a person must have the advice of a lawyer before agreeing to take a polygraph test and consenting to the test being used at trial depends on whether the person has already been arrested or formally charged with a crime. No attorney is necessary for a person to agree to take a polygraph if the person has not been arrested or formally charged. However, such a person would have to be informed of their constitutional right to an attorney before taking the test. A person who has been arrested or formally charged cannot legally consent to a polygraph without an attorney present because people have a constitutional right to an attorney once they have been arrested or formally charged. A person must be advised of their right to an attorney before taking a polygraph so they can waive that right knowingly and voluntarily.
If you have been charged with a crime or asked by a police officer to take a polygraph test, contact McNeelyLaw today at 317-825-5110. Our experienced team of Indiana criminal law attorneys can help you navigate your case.
This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.