DEFICIENCY IN POLYGRAPH EVIDENCE RECOGNIZED BY COURTS
By:
JAVAID AKRAM
LL.B. LL.M.
Diploma in Forensic Science & Related Laws
lawsaves@gmail.com
21st August 2025
Abstract (Plain-English Summary)
Polygraph examiners record physiology—respiration, blood pressure, pulse, blood flow, and galvanic skin response. Examiners then interpret charts with techniques such as Relevant–Irrelevant (R-I), Control-Question (CQ), and Directed-Lie Control (DLC). Anxiety, fear, confusion, or illness can spike arousal and mimic deception. Courts worldwide now doubt reliability and treat polygraph results as weak or inadmissible because humans design, conduct, and interpret the tests. You should treat polygraph evidence as error-prone and easily misread.
Keywords: polygraph evidence, lie detector, Frye test, Daubert, Scheffer, admissibility, Pakistan, India, United States, forensic psychology
1) Introduction: Why Courts Don’t Trust Polygraph Results
Researchers and agencies popularized polygraph use during the 20th century. Law enforcement used it to screen suspects and assess espionage risk. Defence and prosecution teams later tried to tender polygraph charts as expert evidence. Courts repeatedly rejected those charts because the machine measures arousal, not lies. Humans craft the questions and decide whether a spike equals deception. That human layer adds bias, variability, and error.
2) How Polygraph Works—and Why Error Creeps In
What the device records: respiration, cardiovascular changes, and skin conductance.
What examiners assume: lies cause greater arousal to “relevant” questions than to control questions.
Why that fails often: truthful people can show high arousal from fear, anxiety, shame, confusion, fever, medication, or culture-based stress.
Why results vary: examiner training, adherence to protocol, question design, pre-test and post-test interviews, and the examinee’s biology and psychology.
Bottom line: The device does not detect lies; it detects arousal. Examiners infer deception from arousal. Courts see too much interpretation risk.
3) Landmark U.S. Cases: The Legal Foundation for Excluding Polygraphs
Frye v. United States (1923): the court created the “general acceptance” test and rejected an early blood-pressure deception device.
United States v. Scheffer (1998): the Supreme Court upheld exclusion of polygraph evidence in court-martial proceedings and found no constitutional violation for keeping it out.
State appellate trends: many states hold polygraph results per se inadmissible because the scientific community does not agree on reliability and because human interpretation controls outcomes.
4) Global Snapshot: Consistent Skepticism Across Jurisdictions
United States: Numerous state supreme courts (e.g., Alaska, Colorado, Connecticut, Hawaii, Illinois, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Montana, Missouri, Nebraska, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin) reject results or allow them only in narrow, stipulatory contexts.
India: High Courts (Punjab & Haryana, Allahabad, Kerala) and the Supreme Court (in Selvi) cast serious doubt or restrict polygraph, brain-mapping, and narco tests, stressing rights and reliability.
Pakistan: The Lahore High Court warns against reliance; courts note that polygraph indicates physiological arousal and not truth, so judges should treat it as inconclusive and unsafe for conviction or exoneration.
5) Practical Litigation Guidance (For Defence, Prosecution, and Judges)
For Defence Counsel
Move to exclude polygraph results as scientifically unreliable and unduly prejudicial.
Attack methodology: show loose protocols, leading questions, missing baseline, examiner bias, and health factors that inflate arousal.
Offer better science: request DNA, validated psychometrics, digital forensics, or validated eyewitness protocols instead.
For Prosecutors
Avoid polygraph results as substantive proof.
Use polygraph only to guide investigation, not to prove guilt.
Build admissible foundations: chain of custody, forensic lab results, lawful confessions, corroborated witness testimony.
For Judges
Demand foundational reliability under Frye/Daubert-style standards or analogous local rules.
Record specific reasons for exclusion (arousal ≠ deception; examiner dependence; error risk; lack of general acceptance).
Restrict any mention of “offers to take a polygraph,” which can mislead juries.
6) Frequently Asked Questions (SEO-Friendly)
Q1: Do courts admit polygraph results?
Courts usually exclude them. Some jurisdictions allow stipulated use for limited purposes, but most treat polygraph evidence as unreliable.
Q2: Can a truthful person “fail” a polygraph?
Yes. Anxiety, fear, illness, medication, or cultural stress can elevate arousal and mimic deception.
Q3: Can a deceptive person “pass”?
Yes. Trained or highly controlled subjects can suppress responses, and examiners may misread charts.
Q4: What should investigators use instead?
Use validated forensic tools: DNA, accredited lab testing, lawful digital forensics, structured interviews, and evidence-based identification procedures.
7) Key Takeaways for SEO Readers
Polygraph measures arousal, not lies.
Courts across the U.S., India, and Pakistan reject or restrict polygraph evidence.
Human interpretation drives outcomes and injects error.
Lawyers should exclude polygraph charts and lean on validated forensics.
Judges should protect juries from misleading “lie-detector” labels.
Conclusion: Treat Polygraph Results as Investigative Leads, Not Evidence
You should treat polygraph outputs as screening tools for investigators, not proof for courts. The method depends on human design and interpretation, and emotions can distort physiology. Because the scientific community does not reach consensus on reliability and because courts see high prejudice risk, polygraph charts do not belong in trials as truth-finding evidence. Build cases on tested, validated, and reproducible forensic methods instead.