One concept that seems to be lost among the criminal law field is the power that the polygraph examination (AKA lie detector) can have on the court. While the law states that the polygraph is not admissible in court, many attorneys seem to lose sight of the power that a passed test can have on the outcome of a criminal trial. For years, we have understood that the polygraph is inadmissible at trial but there are other aspects of the litigation process that allow the test to play a vital role in the outcome of a contested criminal matter. With that stated, the purpose of this article is to determine if the alleged victim should be subjected to a polygraph?
When we look at the Michigan Legislature, we see that MCL 776.21 (5) allows for a criminal defendant a statutory right to have a polygraph when charged with a CSC. What many fail to realize is that MCL 776.21 (2) explains that a law enforcement officer cannot offer a polygraph to the alleged victim. While the law presents information stating the lie detector does not play a role in the questioning of the complaining witness, we learn that there are exceptions to the general rule.
Scott Grabel is the founder of Grabel and Associates and has built a firm that is known as the strongest criminal defense firm in the state of Michigan. When asked about the polygraph of the complaining witness Grabel stated, “This is the point of criminal law when you are definitely in the deep end of the pool. The law is clear that the officer cannot offer a lie detector to the complaining witness but we often see that the prosecutor will not inform the party that they can take a polygraph. If you are truly a victim of a crime, why would you not take a polygraph to prove your case? We still live under the mantra that someone is deemed innocent until proven guilty and that gets lost on officers of the court at times.”