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: Objective Justice

Polygraphs Still Used by Defense Attorneys

By Sean Sirrine

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Someone emailed me this link today and I foud some of the information quite interesting. Seems that the polygraph has become the tool of the defense bar.

Probably the most interesting thing is the fact that pre-trial negotiations can turn on the polygraph. Although it can't be admitted into court, it seems that the prosecutors might feel that if you can pss the polygraph you are actually innocent.

From Massachusetts Lawyers Weekly:

Although inadmissible in most courts, polygraph results are still being used by some criminal defense and even civil lawyers to leverage out-of-court settlements.

"I use polygraphs a lot," said William D. Matthewman, a criminal defense lawyer and partner in Coral Springs, Fla.

. . . . .

. . . . . for Matthewman, the most common use of polygraph results is during pre-trial negotiations.

"A number of criminal defense attorneys use polygraphs to determine whether they have someone they believe is innocent," Vaughan said. "They take the polygraph evidence to the DA and try to convince the DA the charges are without merit, or to leverage a better plea agreement."

In one case, a client of Matthewman's who was charged with first-degree murder in Puerto Rico underwent a polygraph test. The results - which were favorable to his client - were submitted to the federal prosecutor, who dismissed the case in part based on the polygraph results.

Full post as published by Objective Justice on June 25, 2008 (boomark / email).