Forensic & Polygraph services for lawyers, attorneys
Polygraph for lawyers & attorneys | Forensic technical assistance for legal community
Lawyers attorneys need to be all-rounders when it comes down to defend their clients. Not only do they need to have a thorough knowledge of the legal system and laws but also a deep understanding of life.
Forensic technology is an area where they definitely need to be informed so that they can effectively apply their legal skills to their client’s best interest. We will explain how polygraph can make a difference in their defense strategy.
Polygraphs for attorneys & lawyers
Polygraph examinations are crucial for today´s sophisticated attorneys. The polygraph can be used as a tool to determine if a client is truthful in their account of the facts that surround the issue at hand. If these results are favorable, this may even encourage the prosecution to drop their charges against the defendant.
Attorneys often utilize the polygraph instrument and the results of polygraph exams. Once a defendant is represented by counsel, especially in a serious offense, it is common for the attorney to ask his or her client to take a private polygraph examination. If the results of this examination indicate deception, the “prosecution” does not learn of this. In fact, the entire examination results are protected from pre-trial discovery. However, if the defendant produces truthful results, the prosecuting attorney is among the first to be informed.
If an attorney’s client is determined to show signs of truthfulness during the polygraph examination, the prosecuting attorney may request a copy of the examiner’s written report to determine exactly what questions were asked. The questions asked to the defendant should directly address the issue under investigation and not allow for rationalization or specific denials.
The prosecutor may also review the test structure, perhaps with another polygraph examiner, to determine if the test was conducted properly based upon the standard guidelines and procedures that must be followed for each type of examination. If there is a question with regards to the original polygraph results, the defendant could be requested to submit to a second examination under the scrutiny of the prosecution. The prosecutor could also arrange for a second examiner to evaluate the subject’s polygraph charts to check the reliability of the first decision.
Prosecutors may take into consideration the results of polygraph examinations. A prosecutor has nothing to lose, and a great deal to gain, by offering a criminal suspect a polygraph examination with the understanding that the results will be “considered” in making a decision. In the event the suspect is reported as telling the truth, the prosecutor should seriously review the evidence against the suspect. Prosecution should then consider the possibility that the police misinterpreted evidence or overlooked other possible suspects. This is mainly true when the evidence against a defendant is circumstantial or based on an eyewitness or victim’s account.
A prosecutor has a responsibility not only to the crime victim but also to make every reasonable effort not to charge an innocent person with a crime. A polygraph examination, when conducted by a competent examiner, offers highly accurate results which, in most cases, support the police investigation. In those instances when a defendant does produce truthful polygraph results, the prosecutor should re-evaluate the evidence or strongly consider the probability that the defendant is innocent. In cases where a victim’s statements are suspicious or as a result of a suspect being truthful in a polygraph examination, and where not prohibited by law, a prosecutor should consider asking the victim to take a polygraph examination.
In addition to pre-trial applications, polygraph results are used with increased frequency in pre-sentence investigations and as a condition of probation.
For more information on the use of the polygraph, lie detector for lawyers, attorneys contact B.E.A.R. FORENSICS. Also click here to check the following post on polygraph and justice.
Cover image by: Nils Huber