Legal polygraph, lie detector in the justice or judicial sector: Is a polygraph test legal?
Channel: bearforensics
Date: 26/09/2018

Legal polygraph or lie detector? Can the polygraph be used in justice or is it accepted by the judicial sector? Can polygraph or lie detector be used in a legal environment. Criminal, administrative, civil application of polygraph is often contested but what is the truth behind this. Can it be used or not or is there a more nuanced approach.

Is there a difference between the use of polygraph in common law, civil law, sharia law?

Is a polygraph test legal?

The short answer is YES, unless it is prohibited, meaning a law that makes it illegal.

In general, the polygraph test is not legislated, that is to say that there is no legal framework that regulates its application. The only country that I personally know that has a law that regulates the use of the polygraph is the United States and this law is exclusively for use in human resources.

But I imagine the question refers to whether polygraph tests are accepted in the court.

This is a much more complex response because we deal with justice and justice is never black and white.

Leaving out that there are different types of justices, judicial systems, norms and rules that can have associations, unions, organizations, federations etc. that may have a more or less favorable inclination to the polygraph test I wish to explain it from a fundamental rights point of view.

This is where the greatest error of thought regarding the polygraph test is committed. The majority of tests that are carried out in the criminal environment are by defendants. They want to submit to polygraph tests to prove their innocence. Especially in cases where the main evidence of the accusation is a testimony without any physical evidence.

This is important to explain because the great majority of constitutions of civilized countries guarantee an accused person, due process and defense. Although the prove of burden is on the side of the accusation some defendants anticipate accusations by presenting polygraph tests to prove their innocence.

Removing a person's right to defend themselves is against their fundamental rights and should therefore be, at least, considered by justice.

Now you might ask, what about using a polygraph test to accuse a person, is it legally possible to use a polygraph test? Why not? The person has voluntarily submitted to the polygraph test. As long as it is within the appropriate legal procedure and the examinee's rights have been guaranteed, the information obtained during the examination can be used.

There is a certain lack of knowledge in this field on the part of society but also of justice professionals who do not really understand what a polygraph test does and it's purpose.

However, in many countries law professionals have deepen into this field and have understood that this tool can help them to improve justice.

So, in summary

- If it is not illegal it is legal as long as the fundamental rights of a person are not infringed
- Depends on the situation and interpretation of the judge

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Video produced by Amável Sanches, forensic psychophysiologist, polygraph expert, member of the American Polygraph Association, Primary Polygraph Instructor, major in forensic sciences by the Autonomous University of Barcelona.

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B.E.A.R. FORENSICS