Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Why are polygraphs not allowed in court?
Find answers to your legal question.





Why are polygraphs not allowed in court?

Don't say 'because they could be wrong'. Witnesses could be wrong. Evidence could be wrong. Lot's of things could be wrong. From what I've researched, polygraphs are as accurate as the person giving them.

In a way, jury members are lie detectors. How often is a jury required to figure out who is lying?

There has to be some other reason these are not allowed in court.


    




the_silverfoxx
they wont stand in a court of law this is free legal advise ?


coragryph
It is not reliable. And the jury cannot determine its reliability in the same way they can evaluate a witness.

I'm sorry if that's not the answer you want. But that's the real answer.


iritadragon
Rating
Polygraphs are only as good as the human interpreting the information. And it is ALL interpretive. I guess the courts decided that there was no way that it could be insured that all polygraph techs got the same training. It was too subjective a science.


Mary S
Rating
because they ae not fool proof. polygraphs work by measuring things like heart rate, body temp, and persperation. In other words, they only work if someone gets nervous when they lie. really good liars and pathological liars can beat a lie detecter.


Wilkow Conservative
Rating
There is only one reason and that is because they are not accurate. They are so inaccurate I know people who have taken them and it said they lied about there name. A polygraph measure heart rate and brain activity so if you are nervous you will fail no matter how much truth you tell. You can want however many reasons you want to, but the truth is the truth and there is no other reason.


woman38
Polygraphs are rarely admissible in court. New Mexico is the only state in the United States that allows for open admissibility of polygraph exam results. Every other state requires some type of stipulation to be met prior to admitting polygraph exams into record. In most cases, both sides of a legal case have to agree prior to the trial that they will allow polygraphs to be admitted. On the federal level, the admissibility criteria are much more vague and admission typically depends on the approval of the judge.

The main argument over the admissibility of polygraph tests is based on their accuracy.

Often, people who are being given a polygraph exam will employ certain countermeasures in an attempt to beat the instrument. There are Web sites and books that instruct you on how to fool the polygraph. Here are just a few examples of how people try to trick the device:
Sedatives
Antiperspirant on fingertips
Tacks placed in the shoe
Biting tongue, lip or cheek
The idea of countermeasures is to cause (or curtail) a certain reaction that will skew the test's result. A subject may attempt to have the same reaction to every question so that the examiner cannot pick out the deceptive responses. For example, some people will place a tack in their shoe and press their foot down on the tack after each question is asked. The idea is that the physiological response to the tack may overpower the physiological response to the question, causing the response to each question to seem identical.

Many researchers and defense attorneys say the technology is prone to a high number of false results. The scientific reality is far different: The machines measure various physiological changes, including in blood pressure and heart rate, to determine when subjects are getting anxious, based on the idea that deception involves an element of anxiety. But because an emotion such as anxiety can be triggered by many factors other than lying, experts worry that the tests can overlook smooth-talking liars while pointing a finger at innocent people who just happen to be rattled.

It is known that there are false positives, so the real reason is that we believe it is better to save or protect 1 innocent person even if it costs us some guilty ones.


Chris
They are not reliable, can be manipulated, etc. Almost everyone has said that. People have failed polygraphs and evidence has proven them not guilty. A person's emotional state factors into the results, and just because someone is emotional doesn't mean he/she is guilty.


Phil S
Rating
They are too unreliable.


hushnowjustplayit
Rating
Because they are not a perfect science. People who are unaware of that fact might put too much stock into the results of such a test.


Grist
Rating
False positives would happen more often than false witness IDs would.

But the best explanation for what is admissible and what isn't is that all rules of evidence are arbitrary and seldom based on a consistent philosophy of truth and its relation to justice.


yahoohoo
Because they could be wrong.


Big E
Rating
Because they're not scientifically reliable. I know people who have lied and passed and others who told the truth and failed. There are just too many variables not the least of which is the subjective interpretation/opinion of the person conducting the test. In Michigan there was just a case where a bank teller was accused of stealing the night deposit. She swore she didn't but failed a polygraph. She lost her court case and was sentenced. A year later the bank found the missing bag! It'd fallen back behind the drop unit!


Earl D
The results can be manipulated intentionally and unintentionally.

If you are nervious while taking an exam it can show false readings.

If you are afraid of the person asking the questions you can give false readings.

If you are good at meditation then you can keep the needle even and solid right after you do the baseline questions.


Obsequious
Rating
Yes, witnesses could be wrong, but with a polygraph you're relying on a machine to give you a correst answer, a definite yes or no, from the accussed themself. They can be manipulated in many ways.
I once heard of a man who taped a thumbtack to his big toe & when he answered simple questions like name & address he pressed down on it. Then when he lied he got pretty much the same reaction from the machine without sticking himself with the tack.


katethefabulous
Rating
Because they are an imprecise science. You can actually fake a polygraphy. People who are pathological liars can fake it because their body doesn't react when they lie. They are so good at lying that even they believe. The average person probably can't do that, but you can see why you wouldn't want the court to allow a possibly inaccurate polygraph sway a jury's decision. And, if they do it for one, they have to do it for all.


anitababy.brainwash
Rating
Well, you've pretty much kicked down all of my reasons.
I don't know what you're looking for. If there was a better reason
somebody's lawyer would have argued it by now. Ya think?


thrill88
Rating
While a witness could be wrong, they do have to swear to tell the truth and in most cases the defendant has no control over the witnesses testimony. The defendant, however can sometimes control how they respond to the lie detector, making it possible for the defendant to skew the outcome. Also, if a witness lies they can be held accountable, while a machine can not.


soniaatcalifornia
Well..........For one this is not a proven science in the least. Also the stress analysis is a farce too! The idiot that invented it is not even a legitimate doctor to which he claims he is! There is no way on God's green earth one can truly detect another's lies. It is not a hard proven science in the least. Its just an egomaniacs way of trying to pull one over on someone who they wish to strong-arm into some confession that cannot even be used in court in the first place. Many people are stupid enough to think they are really and truly a fact finding machine when that cannot be further from the truth. If a serial killer can pass it with flying colors what does that say to the general public???????????


chrstnwrtr
Rating
Normobrian is correct; they can be manipulated to get flawed results.


albinopolarbear
Rating
They are not accurate or reliable. Also, you can train yourself to trick them.


Zelda Hunter
It's becaues they are not reliable, or were not reliable. Professional liars can train to pass them. Jury members are not lie detectors either.


fathead
Defeating the polygraph is a skill that can be learned. It thus has practically no validity as evidence.

You are just ignoring the reason they are not allowed but your arguments are not valid.


leglegl
The rules of evidence require that in order for any scientific evidence to be admitted in court its reliability must be evaluated. This is especially important because jurors may believe that anything "scientific" must be reliable and because a polygraph machine cannot be cross examined. It is my understanding that polygraph tests generally have not been deemed to be reliable enough to be admitted under the guidelines provided by law.


Greg
Rating
So that corrupt lawyers can keep their jobs.


Patches6
The polygraph is a tool the police use for intimidation, and to direct them to the actor or actors. According to the police if you fail to submit to a lie detector test for any reason, you are hiding evidence no matter if you are completely innocent and the victim. You are also permitted prior to questioning to see a list of the questions being asked before submitting to lie detector testing.Personally, I feel they are a lot of bunk


Joe-slim
Rating
Polygraph technology is a joke. You would get better results from a fortune teller.


symanlegrix
The fact is, they are not considered reliable enough to be considered evidence. From what I've read, its also possible to fool them.


Lee J
Rating
Not totally reliable - may accuse people falsely or dismiss guilty people. Based on physiological and psychological reactions that are not universal.


Diane M
As people have said, they can be manipulated. Beyond that, though, juries tend to view them as "science" and to give them more weight than they actually deserve. Think of it as a consequence of the lousy nature of science education in America and the fundamental contempt lawyers feel for anyone who isn't a lawyer.

Cynical? Me? Why, no, I don't think so...





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 When, if ever, is Rape justified?
...in other words, are there situations when it's acceptable to rape a girl?...


 How can you have this kind of view on abortion?
I hear people say that they wouldn't get an abortion, but think other people have the right to do it. What? It's like...

Let's say you assert you are against slavery, but ...


 Will Saddams execution be taped? If available, would you watch it?
If Saddams execution was available for you to watch, would you?
what do you think about the death sentence?...


 Why are stupid people allowed to have kids?
I can't remember who it was that said "If you're an idiot and you have kids, that counts as child abuse"

This question is mostly inspired by that Dilbert strip where D...


 Do you care about all those politicians admitting to taking cannabis in their youth?
Personally, I think they were just doing what normal teenagers do, and that they don't do it anymore, and it's nice to see a bit of honesty in the houses of parliament... what about you?...


 If a mother slaps her 16 year old daughters face is it classed as assault and can she be prosecuted?
if the event took place in the home of them both were the mother owned
Additional Details
i am living in the uk and there is no witnesses or ...


 If I told you that you had won $5,000 would you send me $10 as a processing fee to claim your money?
By the way, you haven't won $5000 - I speak hypothetically....


 I found a wallet today with over £800 in it my guilty consience is getting the better of me what do i do??
the only problem is i have spent alot of it in the sales and told people i won the money in a ...


 I was supposed to be in court an hour ago for my jury trial. am i in trouble?
i lost track of time on Y!A! my attorney is being a royal pain in the @ss with his constant phone calls. should i act like i totally forgot? or should i send the judge a nice little note????...


 Smokers rights?
smokers practically pay for the nhs but are treated like 2nd class citizons and are being refused treatment and now are being forced out of public places and in some areas its a CRIME to smoke on the ...


 Is this legal or illegal?
like if a guy breaks in your house and shoots your brother and u happen to have a gun in your hand and u shoot that guy that just shot your brother. is that illigal or leagal?...


 How do I get my underage nude photos back?
When I was 17 my 21 year old boyfriend took naked pictures of me. I never gave them to him, but they were at his house. After 7 years of dating, we broke up and I asked for the pictures back. He ...


 Should smoking be banned in bars?
...


 How long do I have to wait before filing a missing persons report for a child who is 6?
A kid I know lost his brother and they want to report it to the police....


 Should i get a gun?
me and my roommate are 21 living alone in a big city. Ufortunatley we aren't as careful as we should be (leaving the doors unlocked, etc.) so, i was thinking about getting something to protect ...


 Do you think the voting age should be raised to 21?
I am just curious what you all think. At 18, did any of you honestly understand how the tax system worked? How the economy worked? Were you more likely to vote for whomever your parents were ...


 How best to compensate all African-Americans for slavery?
African-American families have been at a disadvantage for years, whilst white families were able to build up their family assets. Many have the additional costs of visiting the lands of their ...


 Is There Anything Illegal About Committing Adultery?
Of course cheating on your spouse/partner might be considered immoral but I wanted to know if there was anything on the books, against the law about doing so?...


 Is it illegal to steal from charity shops?
...


 How to look high without drugs?also act high?
some stupid question but im bored. how do you look and act high without using drugs??
Additional Details
im not stupid i dont wanna impress no one i do have a life so just answer my ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084