If someone were a registered sex offender and they were required to submit to a polygraph as part of their probation or parole, and the questioning revealed a previous offense that was never prosecuted, could that person be prosecuted based on the polygraph? I am under the impression that polygraph results aren't admissible to determine guilt or innocence in court. What if the polygraph results led law enforcement to perform an investigation and through the investigation they determined that a crime was committed--would that evidence be admissible given that it was obtained through inadmissible polygraph results?
You are correct that polygraphs can not be used as evidence in Court, but they could be used as an investivestigative tool. However, there would be the need of admissible evidence to convict someone of another crime, as the defendant must be found guilty beyond a reasonable doubt. That said, I would not advise a client to take a polygraph exam.
Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
The answer to this question does not establish an attorney/client relationship nor does it constitute legal advice.
That is exactly what the polygraph testing is for. To get law enforcement interested or disinterested in doing more investigation about you. If any investigation from a polygraph answer were not valid, what would be the point to having that be a term of release then?
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