The idea of a machine that can detect lies has always been fascinating. But are polygraph results actually admissible as evidence in U.S. courts? The short answer is no, but the full story is more nuanced. Let’s dive into the complex legal landscape surrounding polygraphs in the American judicial system.

A Brief History of Polygraphs in U.S. Law

Before we examine the current legal status, it’s essential to understand the origins of polygraphs in the legal sphere. Invented in 1921 by John Larson, a medical student at the University of California, Berkeley, and a police officer, polygraphs started gaining limited acceptance in law enforcement throughout the 1920s and 30s. However, by the 1970s, strong skepticism of their accuracy emerged, and legal battles over their admissibility ensued.

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The Legal Landscape Today

Currently, polygraph results are generally inadmissible as evidence in federal and state courts. However, there are some exceptions.

Federal Courts

The prevailing precedent at the federal level comes from the U.S. Supreme Court’s 1998 decision in United States v. Scheffer. The Court ruled that a blanket exclusion of polygraph evidence did not violate the defendant’s constitutional rights. While evidence is generally not admitted at trial, federal courts may make limited exceptions under certain circumstances, such as when both the prosecution and defense agree, in probation or supervised release revocation hearings, or when evaluating pre-trial bail or sentencing.

State Courts

Polygraph admissibility varies widely at the state level, as states set their own evidentiary standards. Roughly 25 states partially allow polygraph results, while 25 states generally prohibit them. For instance, New Mexico allows polygraph evidence if both parties consent, Massachusetts bars polygraph evidence entirely, and Ohio only permits it in civil lawsuits. The states that generally accept polygraph evidence in court include Alaska, Colorado, Georgia, Idaho, Indiana, Kansas, Kentucky, Minnesota, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.

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While some states have tried to restrict polygraph use by implementing rules such as requiring licensed examiners with a minimum of 5 years of experience, state policies remain complex and inconsistent.

Why Are Polygraphs Inadmissible? Reliability Concerns

Courts cite several key reasons why polygraph results are generally barred as evidence:

1. Controversial Accuracy: Polygraph testing has no universally accepted accuracy rate, with reported accuracy varying widely. There is disagreement on how to interpret accuracy statistics, and critics argue that the error rate is too high for a method that determines guilt or innocence. Without scientific consensus on accuracy, reliability is doubtful.

2. Lack of Standardization: There is no universally accepted polygraph testing procedure or instrument, with many techniques and varying examiner training and testing methods. With such variability, quality control becomes difficult.

3. Subjectivity in Interpreting Results: Different examiners can interpret polygraph data differently, as there are no minimum standards for result interpretation. Varying interpretations undermine consistency.

Due to these concerns, most U.S. courts remain unconvinced that polygraphs are scientifically sound enough for admission as evidence.

Notable Exceptions

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While polygraph results are generally barred in court, there are some notable exceptions:

• Military trials: In certain military court proceedings, polygraphs are more readily allowed as evidence, although the rules vary between different branches of the military.
• Probation hearings: Some states allow polygraphs when deciding whether to revoke probation or parole, treating failing a polygraph as a violation of probation terms.
• Pre-employment screening: Private companies can use polygraphs when screening job candidates, as long as they follow certain employment laws. Results can influence hiring decisions.
• Security clearance evaluations: The U.S. government sometimes uses polygraphs to assess risk factors when making security clearance determinations.

There are limited contexts outside of criminal trials where polygraphs maintain some permissible uses, although standards of evidence may be lowered in these settings.

Ongoing Controversies and Developments

Recent developments include new trial approaches like having opposing expert witnesses debate polygraph reliability before the jury, using polygraph evidence not to demonstrate truthfulness but as proof that an examination was performed, efforts to improve polygraph accuracy and standardization through research into using AI-powered sensors, and proposals to permit conditional admissibility based on accuracy and examiner quality standards.

While wholesale polygraph evidence is unlikely to be permitted in court soon, incremental changes in both directions continue.

The Complex Realities

Polygraph admissibility in U.S. courts is a complex and nuanced topic. There are no absolute yes or no answers. Here are some key points reflecting the realities:

• A blanket federal ban is unconstitutional, but general prohibition is still the prevailing policy.
• Most states exclude polygraphs, but some allow exceptions or conditional uses. State rules vary widely.
• Reliability concerns dominate, but improvements in polygraph techniques and supervision may incrementally boost admissibility over time.
• Courts are highly skeptical of using polygraphs as direct evidence of truth-telling, but indirect and limited uses occur in specific scenarios.
• Private sector usage and consequences are less regulated compared to criminal courts.
• Ongoing legal debates and developments continue around expanding versus restricting polygraph use.

The underlying tension between the desire for more certain proof and doubts about reliability seems destined to fuel lively debate for years to come.

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