Are there really ways experts can tell that someone is lying?

by laura.reynolds@thomsonreuters.com | Jan 8, 2024 | Criminal Defense

If you hadn’t heard, polygraph tests (so-called “lie-detector tests”) are not very reliable. While they still have their defenders, many courts won’t except the results as evidence. A polygraph can’t tell if you’re lying; it can only tell if you’re nervous.

But surely, with evolving technology and smart people working on the subject, we can do better than polygraph tests? Micro-expressions? Brain waves? Artificial intelligence?

A recent publication took a look at all the currently popular methods of lie detection and concluded, “the science shows that there are no reliable behavioral signs of deceit that humans are able to detect.”

Most of these methods perform no better than guesses. Even those that do better than guesses aren’t ready for use when the stakes are high.

The stakes are often high when someone could be lying. Imagine how much easier the criminal justice field would be if law enforcement, judges and juries could reliably tell who was lying.

A psychology professor summarized the publication’s findings in this article in Psychology Today. We recommend reading it if the subject of lie detection piques your interest. We will offer just brief highlights.

No, body language and micro-expressions don’t reveal lies

Despite their popularity on the TV show “Lie to Me,” people’s body language and micro-expressions do not reliably reveal lying, even to trained experts, according to the article. Nevertheless, law enforcement agencies and governments continue to spend millions funding this research.

Similarly, there was no evidence that MRI machines could detect involuntary movements or brain waves that indicated lying.

One small study found a specific interview technique could be effective. It involves asking the person to tell their story fully. Then, the interviewer confronts them with any independent evidence that is inconsistent with their story and asks them to account for the discrepancy. The study found that liars respond differently from truth tellers. This is a technique used in cross-examination, but it might not be very useful early in an investigation when catching a lie could be most impactful.

And, artificial intelligence has not created any magic, either. A recent study did find that AI could identify liars more often than humans did based on the same material. Nevertheless, the AI’s accuracy was only around 69% in lab conditions. It could be even less reliable in real-world conditions.

There’s no magic method to help us perceive lies

This isn’t to say you shouldn’t trust your instincts – or ignore solid evidence of a lie. However, it’s crucial to know that, as a species, we’re not very good at recognizing lying. There are no experts who can reliably recognize lying, even with emerging technology.

Practice Areas

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)