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Polygraph test cannot be administered without obtaining the written consent of the accused person to whom it is to be administered, the Karnataka High Court ruled (Virendra Khanna v. State of Karnataka).
Occasionally, a suspect will ask to take a test in order to establish his innocence. You are never under any legal obligation to take a lie detector test in a criminal investigation. Even if police tell you the test is mandatory or they threaten you with arrest if you refuse to take one, you don't have to.
Neither you nor a counselor can force someone to be truthful. Many times, counselors guide couples to us for a polygraph test when they believe that one or both parties are refusing to fully disclose their behaviors.
California Prohibits Admission of Polygraph Tests Because of their suspect reliability, California law does not allow the results of a lie detector test to be admitted as evidence in court.
No matter what tactics the police use against you, you are fully within your rights to refuse a polygraph test at any stage of the criminal justice process. If you ever find yourself in one of those dimly lit rooms, you should politely decline to participate until you've discussed the matter with a qualified attorney.
The states that sometimes allow polygraph tests as evidence in criminal case include:Alabama.Arizona.Arkansas.California.Delaware.Georgia.Idaho.Indiana.More items...?02-Feb-2021
Because the results of a polygraph test can mean many things and are so unreliable in detecting actual lies, they do not rise to the level of reliability required for scientific evidence in a courtroom and polygraph test results are usually inadmissible as evidence.
Under Ohio law, polygraph tests are admissible "to prove the state of mind of a tliird person aware of the results." Criss v Sp°ingfield 'li7 p.
In Ohio, if the all parties, including the defendant, defense attorney, and the prosecutor agree in advance to the admissibility of the results, the court may be inclined to admit them. This is referred to as a stipulation, which occurs before the defendant takes the polygraph examination.
While there is no specific legislation in place regulating the use of polygraph tests, an employer can ask an employee to take one, but it must be voluntary (we'll go into more detail just now). However, no one can be forced to undergo a lie detector test, as it is against the Constitution.