United States In 2007[update], polygraph testimony was admitted by stipulation in 19 states, and was subject to the discretion of the trial judge in federal court. The use of polygraph in court testimony remains controversial, although it is used extensively in post-conviction supervision, particularly of sex offenders. In Daubert v. Merrell Dow Pharmaceuticals (1993),[43] the old Frye standard was lifted and all forensic evidence, including polygraph, had to meet the new Daubert standard in which "underlying reasoning or methodology is scientifically valid and properly can be applied to the facts at issue." While polygraph tests are commonly used in police investigations in the US, no defendant or witness can be forced to undergo the test. In United States v. Scheffer (1998),[44] the U.S. Supreme Court left it up to individual jurisdictions whether polygraph results could be admitted as evidence in court cases. Nevertheless, it is used extensively by prosecutors, defense attorneys, and law enforcement agencies. In the States of Massachusetts, Maryland, New Jersey, Delaware and Iowa it is illegal for any employer to order a polygraph either as conditions to gain employment, or if an employee has been suspected of wrongdoing. The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions.[45] In the United States, the State of New Mexico admits polygraph testing in front of juries under certain circumstances. In many other states, polygraph examiners are permitted to testify in front of judges in various types of hearings (Motion to Revoke Probation, Motion to Adjudicate Guilt). In 2007, in Ohio v. Sharma, an Ohio trial court overruled the objections of a prosecutor and allowed a polygraph examiner to testify regarding a specific issue criminal examination. The court took the position that the prosecutors regularly used a polygraph examiner to conduct criminal tests against defendants, but only objected to the examiner's testimony when the results contradicted what they hoped to achieve.[46] Dr. Louis Rovner[8], a polygraph expert from California, tested the defendant and testified as an expert witness both at a pretrial admissibility hearing and at trial. The defendant, who had been charged with sexual battery, was acquitted.
The other reason being is that the US has a permanent seat and can override anything. Secondly, people have been makign this UN arguement for 40 years... it's insane.