Polygraph examinations, often called lie detector tests, are controversial in Colorado court cases because some legal authorities and scientists disagree on their reliability. The controversy is partly why polygraph evidence rules in Colorado are so strict.
While the result of a polygraph – the examiner’s conclusion about whether you passed or failed – is not admissible in Colorado courts, the examiner can testify about the questions they asked and your responses during the test. For that reason, it’s crucial to weigh the potential consequences of taking a polygraph carefully before agreeing to one and to talk to a lawyer before making your decision.
Legal Standards for Admitting Polygraph Evidence in Colorado
In Colorado, the results of polygraph tests are generally not admissible in court due to concerns about their reliability and the potential to unfairly influence a jury. Under Colorado Rules of Evidence 702 and 403, courts have deemed polygraph evidence insufficiently reliable and unduly prejudicial, as they rely on physiological responses that can vary greatly among test subjects. For these reasons, officials have ruled against the admissibility of a lie detector in court.
Even if a defendant passes or fails a polygraph, neither side can introduce the results at trial unless both parties agree to admit them, which is rare. Similarly, offers to take a polygraph test or the refusal to do so are also inadmissible in court. However, the statements the test subject makes to the polygraph operator during the test or in related interviews can be used against the defendant if they are inconsistent with other evidence.
Alternatives to Polygraph Tests in Colorado Court Cases
Alternatives to polygraph tests in Colorado courts often focus on other forms of evidence to establish credibility and truthfulness. Recorded witness interviews, for instance, can provide detailed accounts that the prosecution or defense can scrutinize for inconsistency. Video surveillance or other forensic evidence can offer more objective insights that eliminate reliance on physiological interpretations by a polygraph examiner.
In some cases, expert testimony can address specific aspects of a case, such as behavioral analysis or technical details, without the subjectivity of a polygraph. When character credibility is crucial in a case, sworn affidavits or prior consistent statements may support a defendant’s claims. Finally, psychological evaluations by licensed professionals can sometimes provide relevant insights.
How Polygraphs Are Used Outside of the Courtroom
Polygraphs can be valuable tools in pre-trial negotiations for civil and criminal cases. In criminal matters, a defendant might voluntarily take a polygraph to persuade prosecutors to drop charges or reduce their severity, especially when the evidence against a defendant is weak. Prosecutors may consider the results in their decision-making process even though the reliability of polygraphs is an open question.
In civil cases, polygraphs can assist in settlement discussions to address disputes over credibility. While the results themselves are not sufficiently reliable to be admissible, they can influence perceptions, guide negotiations, and sometimes steer a particular case away from a trial altogether.
Get Help from Our Colorado Criminal Defense Attorney Now
While Colorado’s lie detector test law prohibits courts from considering polygraph results, you should never agree to one without talking to a lawyer first. The Colorado criminal defense attorneys at Peakstone Law Group, formerly known as Patterson Weaver, can help you weigh the potential benefits of a polygraph and help you prepare for your exam should you decide to take one.
Call now or complete our contact form to schedule a free consultation with a criminal defense lawyer at our firm.