AntiPolygraph.org Message Board

CuriousButInnocent wrote on Apr 14^th, 2015 at 12:13am:

Are there any states that allow the polygraph to be admitted into court as evidence in the case of sexual assault or child sexual assault cases? I am having this discussion with some friends but none of us know. None of us are under any investigation either, it is just a curiosity.

Yes. But it's complicated. In some states, polygraph results may be admissible at trial if both the prosecution and the defendant stipulate to their admissibility. Sometimes, in particular when the case is weak and conviction doubtful absent a confession, a prosecutor will offer someone suspected of a crime a deal: pass a polygraph "test" and charges will be dropped, but you must first sign an agreement stipulating that the results--pass or fail--will be admissible at trial. This is a fool's bargain, but some people take it.

And in the state of New Mexico, someone charged with a crime can proffer polygraph "evidence" over the prosecution's objection. It's up to the judge to decide whether to admit it.

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Posted by: Joe McCarthy Posted on: Apr 14^th, 2015 at 8:11am	Mark & Quote Quote
In the State of Texas, Grand Juries do consider polygraph results in regard to indictment or acquittal. But there is the catch, if you have a clean test, your lawyer should use it at Grand Jury; once the GJ indicts, it's usually game over no matter how many passed polygraphs you have. Never, EVER take a polygraph without consulting a lawyer first though.

Posted by: CuriousButInnocent Posted on: Apr 14^th, 2015 at 12:13am	Mark & Quote Quote
Are there any states that allow the polygraph to be admitted into court as evidence in the case of sexual assault or child sexual assault cases? I am having this discussion with some friends but none of us know. None of us are under any investigation either, it is just a curiosity.