Lie Detector Results Law In Michigan
In People v. Whitfield, 58 Mich App 585; 228 NW2d 475 (1975), the Court set forth a non-exhaustive set of factors that have been considered relevant to determining whether an unobjected to reference to a polygraph resulted in "sufficient prejudice . . . so as to constitute reversible error." Id. at 588.
The Court believed that a reviewing court is also free to consider these factors when reviewing for plain error under People v. Carines. See People v. Ortiz-Kehoe, 237 Mich App 508, 513; 603 NW2d 802 (1999) (observing the relevance of the factors to appellate review of a trial court's ruling on a motion for mistrial).
The factors that can be considered are:
(1) whether defendant objected and/or sought a cautionary instruction;
(2) whether the reference was inadvertent;
(3) whether there were repeated references;
(4) whether the reference was an attempt to bolster the witness's credibility;
(5) whether the results of the test were admitted rather than merely the fact that a test had been conducted. Id. at 514.