What is a Polygraph Examination or a “Lie Detector Test”?
A polygraph examination is commonly known as a “lie detector test.” For the purposes of this article, the terms “lie detector test” and “polygraph” will be used interchangeably, referring to the same process.
A lie detector test involves several stages of testing conducted by the polygraph examiner. This article explores the various stages of polygraph testing, physiological measurements, and crucially, why seeking advice from an experienced criminal defense trial lawyer before agreeing to such a test is imperative.
What Does a Lie Detector Test Measure?
A lie detector test utilizes a device to measure and record an individual’s pulse, blood pressure, respiration, and other physiological responses while being questioned by a polygraph examiner. The reliability and accuracy of lie detector tests are subjects of debate, with results presently inadmissible in a jury trial in the State of Nebraska. However, statements made during the test can impact a criminal case.
How Does a Lie Detector Test Work?
Lie detector tests may vary in methodology, typically starting with a pre-test interview to gather background information. The formal diagnostic testing involves asking specific questions to establish a baseline for physiological reactions when telling the truth or lying. The examination actively monitors and records physiological indicators while the individual answers questions, followed by a post-examination discussion with the Accused.
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Is a Lie Detector Test Voluntary?
Prior to the test, there is often a discussion about the voluntariness of the examination. The Accused is usually informed of their right to leave at any time. However, it is crucial to understand the potential consequences before voluntarily undergoing a polygraph examination, especially if facing criminal accusations.
Is a Lie Detector Test Used at Trial?
A polygraph examination is presently inadmissible in court proceedings in Nebraska. Although the results are not admissible, statements made during the examination can be used against the Accused in court, emphasizing the importance of consulting with a criminal defense lawyer before agreeing to a polygraph test.
Even Though Lie Detector Tests are Inadmissible in Court, Could Results Be Used Against Me in My Criminal Case?
Yes. While the results and process of a lie detector test are not admissible in formal criminal proceedings, voluntarily made statements during the test and post-polygraph interview can be used as evidence against the Accused during a criminal trial. This underscores the need for careful consideration and legal advice before undergoing such tests.
Should I Take a Lie Detector Test to Help My Case?
There are numerous factors to consider before submitting to a polygraph examination when under investigation or facing criminal charges. The implications can be significant and potentially detrimental to your case. Consultation with an experienced criminal defense trial attorney is crucial to understanding all potential consequences before deciding whether to undergo a polygraph examination.
