The Polygraph Examination

October 15, 2009

The Polygraph Examination: An important tool in defending against allegations of criminal sexual conduct.

October 15, 2009 /24-7PressRelease/ -- The Polygraph Examination

Article provided by Scott Grabel & Assoc.
Visit us at http://www.grabellaw.com

For anyone being investigated for, or charged with, a criminal sexual conduct offense, a polygraph examination might mean the difference between being exonerated of the allegations, going to jail or prison for a significant period of time, or being required to register as a sex-offender for an offense they did not commit. The law in the State of Michigan, and many other states, is that an individual accused of a sexual conduct offense may be convicted by only the unsubstantiated allegations made by the accuser--even if the allegations are false.

The vast majority of criminal sexual conduct prosecutions have a couple aspects in common: there are no witnesses other than the accuser and the alleged perpetrator and there are no physical injuries, indicia, or evidence that the alleged victim had been assaulted. Therefore, under those circumstances, what the case really boils down to is a swearing match between the accuser and the alleged perpetrator. In these cases, there needs to be an "objective" mechanism available to both law enforcement and defense counsel to utilize to determine whether an accused committed the offense. That mechanism is the polygraph examination, or more commonly known as lie detector. Most often, prior to charging an individual in these types of cases, law enforcement will usually request an accused submit to a polygraph examination, but in those rare cases where an accused is not asked to take one, that right is guaranteed by law and requires law enforcement to provide such a test if requested by the accused.

The Michigan statute or law provides: "A defendant who allegedly has committed a [criminal sexual conduct] crime...shall be given a polygraph examination or lie detector test if the defendant requests it. The purpose of affording individuals accused of criminal sexual conduct a right to a polygraph exam is to provide a means by which accused individuals can demonstrate their innocence, thereby obviating the necessity and cost of a trial. It should also be noted that a person who accuses another of a sex-crime, (i.e., the alleged victim) cannot be requested by law enforcement to take a polygraph examination or even be informed of the option of taking a polygraph examination--even if law enforcement believes the allegations being made by that person to be false. The opportunity for an accused to take a polygraph examination is an important right and the exercise of that right should be carefully considered by an individual and his or her attorney. Also the choice of what specific polygraph examiner conducts the test in a specific county can play an important role how much weight law enforcement and a prosecutor gives a passed polygraph test taken by a suspect or defendant.

Therefore, if a person is being investigated for or charged with a criminal sexual conduct offense a discussion needs to take place with his or her attorney to determine whether the taking of a polygraph examination is advisable as part of the all-around defense strategy in the case. The taking of a polygraph examination will not be advisable in every case, but it may make the difference between being exonerated and going to prison in some cases.

Article provided by Scott Grabel & Assoc.
Visit us at http://www.grabellaw.com

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