The defendant took and failed 2 polygraph exams. Are the results admissible in court? Also, can what the defendant said to the polygrapher be used in court? The person wasn't in custody at the time, but agreed to be tested.
Evidence Code 351.5 says:
(a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
(b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
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No. However, with regard to the actual statements made, it would depend on the context of the statements. If they were voluntary, they might be admissible, even if the test results were not.
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The polygraph results are typically not allowed for testimony, but there's a few exceptions. The statements are likely to come in if they are admissions. A criminal defense trial is like a chess match. The award for winning is one sided. The prosecution has nothing to lose and the defendant is playing for their freedom. Unlike the old days the defendant today can have an attorney who is familiar with the rules and strategies represent them. My recommendation is to lawyer up.
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I don't think there is one state where it is admissible. It is a tool used by offers to come back and say "you are lying, tell us the truth." It's a tool to get a confession, nothing else.
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