New technology has allowed for new treatment methods for probationers, including the use of polygraph examinations. When used appropriately, they can be a useful tool to help the reformation of offenders, especially sex offenders. But, what happens when the polygraph examination goes too far? What happens when it is simply a tool to gather information about past criminal conduct?
The Pennsylvania Superior Court has issued an opinion in a case handled by Elizabeth L. Lippy that polygraph examinations that are used to gather information about offenses other than those that the Defendant has plead guilty to or been found guilty of are unconstitutional. In other words, because the questions posed to Defendant were about his sexual history that did not pertain to the charge to which he plead guilty, the polygraph was unconstitutional.
The opinion is attached in a PDF format if you are interested in reading it in its’ entirety. Should you have any questions about sex offender treatment, sex offenses, or other criminal offenses, please feel free to contact Fairlie & Lippy, P.C.