In Oklahoma the role of lie detector tests in criminal cases is dubious at best. Most states, including Oklahoma, do not accept the results of polygraph (often called lie detector) tests as admissible evidence in court. This is because polygraph tests do not meet the threshold of reliability required for evidence that is admissible in court. The reasons are many fold. One reason is that the accuracy of the test could depend on the person administering the test. The test can be manipulated. The person administering the test may ask questions in a way that elicits responses from the person taking the test that are untrue.
Should I Take Lie Detector Tests in Oklahoma?
You should consult an attorney before you take any polygraph or lie detector test. In most cases, an attorney will advise individuals not to take such tests. These tests are not always reliable or accurate. As a result, you can’t gain many benefits by passing a lie detector test, but you could suffer truly adverse effects if you fail one.
Passing a lie detector test is unlikely to convince anyone of your innocence. The police and others may claim that you “beat” the lie detector by manipulating the results. On the other hand, if you fail a lie detector test, the police and the public will likely treat the result as the final word concerning your guilt. An inconclusive result will be a waste of time at best and, at worst, will be seen as scarcely better than a failed result.
Lie Detector Tests Given By The Police
You should be especially hesitant to take a lie detector test of any sort conducted by the police. This includes answering questions asked by the Police. Police might have minimal training regarding lie detector tests and – due to the nature of the job they have been assigned– will almost certainly approach them with an agenda. Even knowing its not admissible in Court the Police could use the test as a means of collecting more leads. Many times they hope the leads you provide point to you. Its many times a situation where the Police don’t have enough evidence to arrest you and this is just one more chance to get you to answer questions for them.
Like any other question the Police ask you in furtherance of their investigation if you consent to the test they will have to first read you your Miranda rights. Once again, the lie detector test results depend on precisely what questions are asked, including the precise wording of each question. If questions are confusing, leading, or misleading, the results may be skewed against you.
Suppose you feel strongly that you want to take a polygraph or lie detector test. Suppose this is even against your criminal defense attorney’s advice. In that case, you should work with a qualified test administrator who is neutral and not affiliated with the police department.
If Polygraphs Are Not Admissible, What Is The Point?
If a polygraph or lie detector test is not admissible in court, what is the point of taking one? There are very few good reasons to take a polygraph or lie detector test, especially ones conducted by the police. The police may want to give you a test because they may think that they can uncover evidence against you or others as a result of this process. Even if the test results aren’t admissible, officers could hope that you’ll provide them with leads that could be used against you or others.
Civil Litigation and Lie Detector Tests
Sometimes an employer will require that you take a polygraph for some violation of firm policy. Although they may be able to require the test the test must be focused on a very narrow basis. It is also not admissible in a criminal prosecution against you. If an employer asks you to take a lie detector test a criminal defense attorney will still advise against it.
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Tulsa Criminal Defense Attorneys Near You
Under very rare circumstances will a criminal defense attorney in Oklahoma advise you to take a polygraph test. Its not uncommon for the Police to request the test. The reasons as set out above never favor you as a target of a criminal investigation. Even if you feel compelled to take the test because you wrongfully believe the test will exonerate you don’t do it. If you need a free and confidential consultation with an attorney at Kania Law Office call 918-743-2233 or fill out our online form.
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