February 23rd, 2022 by mikeglaw |Posted in Criminal Defense |
Tags: Criminal Defense
When faced with criminal charges, your first instinct is to do anything to prove your innocence. Fictional crime shows and dramatic movies may have you thinking a lie detector test is the best method to prove your innocence. Just strap in, answer some questions, and the technology will reveal the truth. However, it is not as easy as Hollywood would have you think.
A lie detector test is not a truth serum and is not always scientifically accurate. Before attempting to use a lie detector test to prove your innocence, there are many considerations to keep in mind.
The best thing to do in the face of criminal charges is to contact a qualified defense attorney, like Mike G Law. With years of experience, we can answer all of your questions, including the frequently asked “Can I take a lie detector test to prove my innocence?”
What Is a Lie Detector Test?
A lie detector test, also known as a polygraph test, is a tool to measure one’s pulse, breathing rate, perspiration, and blood pressure, as well as other physiological phenomena.
Usually, the test is administered with only the subject and the tester in the room. The test administrator will ask a series of basic questions, like your name and birthday, and connect you to the machine.
The administrator will likely explain the test conditions and note information about physiological responses. The polygraph machine will collect information about any changes you exhibit as the test progresses during the questioning. The administrator analyzes the responses as the questions are answered.
The underlying theory behind polygraph testing is that the body reacts differently when lying than speaking honestly. Some physiological responses to indicate lying might be:
- Perspiration rate
- Increased pulse
- Pounding heart
The fallacy behind a lie detector test is that these responses are hardly confined to the guilty. Innocent people can certainly be agitated, resulting in similar reactions. This means that lie detector tests can be inaccurate for both the guilty and the innocent. Many of the physiological indications of lying are similar to stress and anxiety responses to the pressure of submitting to a lie detector exam.
Can You Volunteer to Take One?
You’re probably wondering, “Can I take a lie detector test to prove my innocence?” After all, you have nothing to hide, so why not get valid results to back up your claims?
If you want to volunteer to take a lie detector exam, you can certainly do that. It is best not to take one led by the police. Instead, you can hire an independent examiner with the aid of a defense attorney to ensure neutrality in the administration process.
Why You Shouldn’t Consent to Do a Police-led Polygraph
Polygraph tests can be wrong. This often results when one takes a lie detector exam without consulting an attorney.
Sometimes, law enforcement will use a lie detector test to interrogate the accused. A skilled test administrator will ask only relevant questions to establish one’s connection to the crime. A police-led polygraph may escalate and cause additional distress to the accused. Under distress, the polygraph is likely to pick up those physiological signs that suggest guilt. If the exam is not conducted by one trained in polygraph administration, the improper test can cause one to fail without proper procedures and safeguards in place.
Always remember that the police investigator’s job is to gather evidence. They will not necessarily be concerned with proving your guilt or innocence. They are focused on ascertaining the facts of the matter to make decisions about prosecution.
Also, remember that you are not legally required to submit to a polygraph test during a criminal investigation. Even if investigators tell you it is mandatory or threatens to arrest you for not taking one, you are not at fault.
If you are innocent, volunteering for the test may seem like the right move. However, the test results are not always accurate, and therefore, this is not advisable. Remember that being interrogated is a naturally stressful environment. A racing heart, pounding pulse, and increased perspiration are typical responses to stress and will be recorded by the polygraph, whether you are guilty of the crime or not.
Lie Detector Tests at Trial
So, if you wish to take a lie detector test to prove your innocence, what role does it ultimately play in your case? If the case goes to trial, will the test results be admitted into evidence? In Florida, the answer is no.
Florida law does not permit polygraph test results to be admitted into evidence because it does not pass necessary scientific standards. The test results cannot and will not be used against you at a hearing or in a trial. The United States Supreme Court has also noted polygraph tests do not reach reliable scientific standards because accuracy is questionable. However, it has not been forbidden at the federal level.
However, your attorney can use any favorable test results when negotiating for a plea deal or dropping the charges. During the pre-trial process, test results suggesting innocence can be used with other evidence as you fight for your freedom.
What to Do if You Want to Take One
If you do want to take a lie detector test, the essential step is to consult with your attorney in order to hire an expert. A prosecutor may persuade you to take one, or may simply feel it is the fastest way to establish innocence. Either way, a consultation with a defense attorney is essential.
The best way to take a lie detector test is with a neutral third party to conduct the test. Work with Mike G Law if you want to take a lie detector to prove your innocence in Florida. Contact our legal team today to have your questions answered and seek expert guidance on taking a lie detector test.
As an expert in criminal defense, particularly in matters related to lie detector tests and their admissibility in court, I can provide a comprehensive understanding of the concepts discussed in the article dated February 23rd, 2022.
Lie Detector Test (Polygraph Test): A lie detector test, or polygraph test, is a diagnostic tool designed to measure various physiological responses, including pulse rate, breathing rate, perspiration, and blood pressure. The test is typically administered in a controlled environment, with a subject connected to the polygraph machine while answering a series of questions. The underlying theory is that deceptive responses trigger physiological changes that can be detected.
Physiological Responses Indicating Deception: The article outlines some physiological responses that may indicate deception, such as an increased perspiration rate, elevated pulse, and a pounding heart. However, it emphasizes the fallacy that these responses are exclusive to guilt, as innocent individuals may exhibit similar reactions due to stress and anxiety.
Volunteering for a Lie Detector Test: The article addresses the question of whether one can volunteer to take a lie detector test to prove innocence. It suggests that if an individual decides to undergo such a test, it's advisable to hire an independent examiner with the assistance of a defense attorney to ensure neutrality in the administration process.
Police-led Polygraph Tests: The article strongly advises against consenting to a polygraph test led by the police without consulting an attorney. It highlights the potential for inaccuracies in police-led tests, especially if proper procedures and safeguards are not in place. The stress of interrogation can lead to physiological signs that may be misinterpreted as guilt.
Admissibility of Polygraph Test Results in Florida: The article provides information specific to Florida law, stating that polygraph test results are not admissible as evidence in court due to concerns about their scientific reliability. The United States Supreme Court has also acknowledged the questionable accuracy of polygraph tests but has not imposed a federal ban.
Role of Lie Detector Tests at Trial: The article clarifies that, in Florida, lie detector test results cannot be used as evidence in a trial. However, it suggests that favorable test results may be utilized during the pre-trial process, such as negotiations for a plea deal or arguing for the dismissal of charges.
Consulting with a Defense Attorney: The article emphasizes the importance of consulting with a defense attorney before deciding to take a lie detector test. It underscores that, even if innocent, volunteering for a test may not be advisable due to the inherent stress of interrogation, which can produce physiological responses recorded by the polygraph.
In conclusion, the article provides a nuanced perspective on lie detector tests, combining legal considerations with insights into their scientific reliability, particularly in the context of criminal defense in Florida. It strongly advocates for the involvement of a qualified defense attorney in navigating the decision to undergo a polygraph test.
