Polygraph for Defense Attorneys

Polygraphs, also known as lie detectors, are instruments that measure physiological responses such as heart rate, blood pressure, respiratory rate, and skin conductivity. While they are commonly used in certain contexts, such as pre-employment screenings or security clearances, their reliability and admissibility as evidence in legal proceedings vary. In many jurisdictions, polygraph results are not admissible in court due to concerns about their accuracy and the potential for influencing jurors.

Defense attorneys may use polygraphs in a few ways, but it's important to note that the effectiveness and admissibility of polygraph results can be contentious:

1. Pre-trial strategy: Defense attorneys may consider using polygraph results as part of their pre-trial strategy. For example, if a client voluntarily takes a polygraph test and the results suggest innocence, the attorney may use this information during negotiations with the prosecution. However, it's crucial to be aware that the prosecution is not bound by the results, and they may choose not to consider the polygraph as valid evidence. OR a defense attorney could use a private polygraph to see how their client performs on a polygraph. If it is unfavorable, it simply fell under privilege.
2. Building credibility: Some defense attorneys may use a polygraph test to demonstrate their client's willingness to cooperate and to build credibility. Presenting the results may help portray the defendant as honest and willing to undergo scrutiny. However, this approach may not necessarily influence the legal proceedings or the admissibility of the polygraph results.
3. Motion to admit evidence:In some cases, defense attorneys may file motions to admit polygraph results as evidence. However, these motions are often met with skepticism, and many courts do not allow polygraph results to be presented as evidence due to concerns about reliability and the potential for misleading the jury.

It's essential to be aware that the use of polygraphs in legal proceedings varies widely by jurisdiction. Courts have different rules and standards regarding the admissibility of polygraph evidence. In many instances, polygraph results alone are not considered sufficient evidence to prove or disprove guilt.

Defense attorneys typically need to navigate legal precedents, rules of evidence, and the opinions of judges and opposing counsel when deciding whether to use polygraph results in their defense strategy. They should also be aware of the limitations and controversies associated with polygraph testing.

Polygraph examinations of clients may fall under the doctrine of attorney-client privilege. This was first established by Hickman v. Taylor. This was later codified in the Federal Rules of Civil Procedure rule 26(b)3. Learn more about Attorney Client Privilege.