Most people are familiar with the concept of a lie detector test. Also referred to as a polygraph test, a lie detector test allegedly measures a person’s physiological responses to questions asked by the test operator. Those responses are then used to indicate deception or false answers. Should you take a lie detector test if asked to submit to one? The answer depends on the circumstances under which you are being asked but in no case should you take one without first consulting with an attorney.
A lie detector test measures your breathing rate, pulse, blood pressure, and perspiration as recorded by electrodes attached to your body during the test. The test begins with simple questions for which the answers are already known such as “What is your name” or “Where were you born”. Your physiological responses to these questions are used as a sort of “baseline” against which later questions will be compared. The examiner will then ask you pointed questions that relate to the purpose of the test. The belief is that if you are being deceptive your heart rate, blood pressure, pulse and perspiration will noticeably change, going up or increasing, if you are lying. Of course, one of the problems with relying on lie detector test results is that people often exhibit those same physiological changes when they are extremely nervous.
Polygraph tests are typically used by either and employer or law enforcement. Even if you employer is the one asking you to take a test the results could lead to criminal charges being filed against you as employers often use them to determine who has been stealing or otherwise sabotaging the company. If the police or the prosecuting attorney ask you to take a lie detector test there should be no doubt that the hope is that they will gather evidence against you and/or information that can be used to locate evidence relating to a crime. You may be told that submitting to a lie detector test is the best way to “clear things up” or “eliminate you as a suspect” but the reality is that the objective of the police is to solve a crime and the objective of the prosecutor is to convict a defendant charged with that crime. Neither are concerned with helping you.
Although the results of a lie detector test are not always admissible in court that does not mean that the results are meaningless. California is one of a handful of states that do allow polygraph test results to be admitted in court if both sides agree. Even if the test results cannot be admitted as evidence you can rest assured that the police and the prosecuting attorney will be studying the results for clues relating to the case.
If you are asked to take a polygraph test for any reason be sure to consult with an experienced California criminal defense attorney before agreeing to the test.
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