Is a polygraph test inadmissible in court?

Although they can be used in conducting criminal investigaions, the results of polygraphs cannot normally be entered into evidence in court as other types of "evidence" might be.

1980 - United States v. Roberts

The prosecutor had told the grand jury unequivocally that polygraph results were inadmissible in a court of law and the court called her on the carpet and stated that her statememnt was false and said "The Court dissapproves of the prosecutor's bold statement to the Grand Jury that polygraph evidence is inadmissible at trial. Such statements are absolutely untrue. The Ninth Circuit has held that polygraph evidence is admissible within the trial court's discretion."

As current law stands it is up to the trial judge as to how he or she will handle any motion to admit polygraph evidence.

However Legally in all 50 States of the US you can refuse to submit to a polygraph test and the fact that you refused the test can't be used against youin a court of law..But if you take the test it could be used against you if the trial judge decides to allow it.

If a grand jury is reviewing the evidence to see if sufficient data exists to proceed with a trial they can use the results of a polygraph test in their recommendation to no-bill or indict. In my experience the accused should always appear before the grand jury and/or take a polygraph. Passing a polygraph will almost always get a no-bill. Failing it or failing to take one will usually result in an indictment.