David L. McCormick

An experienced and approachable attorney with the skills needed to resolve your legal problems

Is the new EyeDetect lie detector a legal game changer?

On Behalf of | Nov 29, 2021 | Criminal Law

Compelling evidence could lead to a conviction in a Minnesota courtroom, but prosecutors cannot rely on “any and all” evidence they procure. Illegally obtained evidence, such as anything seized without a warrant or a confession obtained by threats, may get thrown out of court. Sometimes, legal question marks surround a particular type of evidence. Some people may wonder if results from the newly developed “EyeDetect” lie detector system will become admissible.

Doubts about lie detectors

Polygraph test results are not automatically admissible in court for several reasons, including lack of reliability. Since polygraph results are open to interpretation and not 100% accurate, those results may prove too ambiguous. A new type of test known as the EyeDetect polygraph test could be a better lie detector, improving the traditional polygraph’s performance.

As the name suggests, an EyeDetect polygraph unit focuses on rapid eye movement and pupil dilation. When someone takes the test, changes to the eyes could mean that they are telling a lie.

A prosecutor or defense attorney may seek to make lie detector results admissible, but there’s no guarantee that the request will receive any approvals. Concerns over accuracy may overshadow the results because EyeDetect’s 83% to 87% accuracy rate isn’t high enough.

EyeDetect may not become criminal case game changers

Under criminal law statutes, an attorney may object to a witness’ statement that reflects speculation and not facts. In many ways, a lie detector’s results could be speculative. Breathing patterns or eye movements might suggest that someone is lying even when the person tells the truth.

A suspect may also lie when subjected to a lie detector, but the unit may not detect anything noticeable that indicates lying. False witness testimony might derive from lie detector results, and false testimony could result in a conviction. That’s another reason why lie detector evidence proves controversial.