Can Defendants Use Polygraph Results at Trial in Indiana? Understanding Lie Detector Test Evidence
When facing criminal charges in Evansville, Rockport, Tell City, or elsewhere in Indiana, defendants often wonder whether they can use polygraph test results to support their innocence. The question of polygraph admissibility in Indiana courts is complex, involving strict legal requirements and specific procedural safeguards that must be met before lie detector evidence can be presented to a jury.
Can a Defendant Introduce Polygraph Evidence at Trial?
The short answer is yes—but with significant limitations. In Indiana, criminal defendants can introduce polygraph test results at trial, but only under very specific circumstances that require careful legal preparation and agreement from all parties involved.
According to established Indiana case law, including Sanchez v. State (675 N.E.2d 306), Davidson v. State (558 N.E.2d 1077), and Jackson v. State (735 N.E.2d 1146), polygraph evidence is admissible only when four critical prerequisites are met:
The Four Requirements for Polygraph Admissibility
Written Stipulation Agreement: The prosecutor, defendant, and defense counsel must all sign a written stipulation providing for the defendant's submission to the examination and for the subsequent admission of the results at trial.
Court's Discretion on Qualifications: Even with a stipulation, the trial court maintains discretion regarding the examiner's qualifications and the conditions under which the test was conducted.
Right to Cross-Examination: The opposing party has the right to cross-examine the polygraph examiner if the graphs and opinion are offered into evidence.
Jury Instruction Requirement: The jury must be instructed that the examiner's testimony does not prove or disprove any element of the crime but only indicates whether the defendant was being truthful at the time of examination. The jury determines what weight to give such testimony.
When Polygraph Evidence Is Generally Inadmissible
Without meeting these strict requirements, polygraph results are generally inadmissible in Indiana criminal trials. As established in Jackson v. State, Harris v. State (481 N.E.2d 382), and Evans v. State (489 N.E.2d 942), absent a valid stipulation or waiver by the parties, polygraph evidence will be excluded from trial.
However, there's an important exception: if a defendant "opens the door" to polygraph evidence by referring to it during testimony or through counsel, the prosecution may be permitted to introduce polygraph results in rebuttal, as seen in Willoughby v. State (552 N.E.2d 462) and Majors v. State (773 N.E.2d 231).
Qualifications Required for Polygraph Examiners in Indiana Courts
For polygraph evidence to be considered credible and admissible in Indiana courts, the examiner must meet specific qualifications established by the Indiana State Police Department. According to Indiana Code 25-30-2-2, the state police department issues certificates of competence to qualified polygraph examiners.
Court Requirements for Examiner Credibility
Beyond state certification, trial courts must be satisfied with the examiner's qualifications before admitting polygraph evidence. This includes ensuring that:
The scientific principles underlying the polygraph testimony are reliable
The testimony's probative value is not substantially outweighed by the danger of unfair prejudice
The examiner meets professional standards for competency
As established in Hubbard v. State (742 N.E.2d 919), courts carefully scrutinize both the examiner's credentials and the reliability of the testing methodology before allowing polygraph evidence to be presented to a jury.
Indiana State Police Certification Requirements
The Indiana State Police Department has established comprehensive standards and procedures for polygraph examiner certification under Indiana Code 25-30-2-2. To receive a certificate of competence, applicants must meet several specific requirements:
Mandatory Training and Education
Formal Training Course: Applicants must provide evidence of successful completion of a formal training course in the use of polygraph instruments.
Experience and Competence: Candidates must demonstrate evidence of experience and competence in operating polygraph instruments.
Written Examination: Applicants may be required to pass a written examination demonstrating their knowledge and understanding of polygraph principles and procedures.
Regulatory Framework
These standards and procedures are established by rule under IC 4-22-2, giving them the force of law. The term "department" specifically refers to the state police department established under Indiana Code 10-11-2-4.
According to Indiana Code 25-30-2-1, a "polygraph examiner" is defined as a person engaged in the business of determining the truth or falsity of statements using a polygraph instrument. This definition underscores the professional nature of the certification requirement.
Strategic Considerations for Criminal Defense
For defendants in Evansville and surrounding areas considering polygraph evidence, several strategic factors should be evaluated:
Potential Benefits
May provide compelling evidence of truthfulness
Can create reasonable doubt in the minds of jurors
Demonstrates defendant's willingness to submit to testing
Potential Risks
Requires prosecution agreement, which may not be forthcoming
Failed or inconclusive results could harm the defense
Complex procedural requirements create opportunities for exclusion
Jury may give undue weight to "scientific" evidence
The Role of Experienced Legal Counsel
Given the complexity of polygraph admissibility requirements in Indiana, having experienced criminal defense representation is crucial. As a retired FBI agent with 23 years of experience, I understand both the investigative side of polygraph testing and the legal requirements for admissibility in Indiana courts.
Our firm can help by:
Evaluating whether polygraph evidence would benefit your case
Negotiating stipulation agreements with prosecutors
Ensuring examiner qualifications meet court standards
Challenging improperly conducted examinations
Advising on strategic timing for polygraph requests
Contact Our Experienced Criminal Defense Team
If you're facing criminal charges in Evansville, Rockport, Tell City, or Boonville and believe polygraph evidence could support your defense, contact our office at (812) 301-6221. We offer financing and credit card payment options and are available by phone, email, text, or online chat.
Our personalized approach means we'll carefully evaluate whether polygraph evidence is appropriate for your specific case and ensure all legal requirements are met if you choose to pursue this option.
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Contact our office to discuss your particular situation.
