California Private Investigator Practice Exam

Can polygraph evidence be submitted in criminal courts without the defendant's consent?

1. Yes, always allowed

2. No, consent is required

3. Only in civil cases

4. Only if it involves a minor offense

The correct answer is: No, consent is required

The correct answer reflects the legal principle surrounding the admissibility of polygraph evidence in criminal cases. In California, and many other jurisdictions, polygraph test results are generally not admissible as evidence in criminal proceedings unless both parties, including the defendant, have provided explicit consent. This principle is rooted in concerns about the reliability and potential for prejudice that polygraph tests present. Thus, without the defendant's consent, courts typically do not allow this type of evidence to be presented, ensuring that the rights of the defendant are protected and that their due process is upheld. Options that suggest polygraph evidence can always be admitted, only in civil cases, or under specific circumstances related to minor offenses do not align with the legal standards surrounding the consent requirement for polygraph results in criminal courts. Therefore, the answer emphasizing the necessity of consent accurately captures the legal framework in which polygraph evidence operates within the criminal justice system.