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Frequently
Asked Questions About Polygraph:
What
is a Polygraph?
The term
"polygraph" literally means "many writings." The name
refers to the manner in which selected physiological activities are simultaneously
recorded. Polygraph examiners may use conventional instruments, sometimes
referred to as analog instruments, or computerized polygraph instruments.
It is important
to understand what a polygraph examination entails. A polygraph instrument
will collect physiological data from at least three systems in the human
body. Convoluted rubber tubes that are placed over the examinee's chest
and abdominal area will record respiratory activity. Two small metal plates,
attached to the fingers, will record sweat gland activity, and a blood
pressure cuff, or similar device will record cardiovascular activity.
A typical
polygraph examination will include a period referred to as a pre-test,
a chart collection phase and a test data analysis phase. In the pre-test,
the polygraph examiner will complete required paperwork and talk with
the examinee about the test. During this period, the examiner will discuss
the questions to be asked and familiarize the examinee with the testing
procedure. During the chart collection phase, the examiner will administer
and collect a number of polygraph charts. Following this, the examiner
will analyze the charts and render an opinion as to the truthfulness of
the person taking the test. The examiner, when appropriate, will offer
the examinee an opportunity to explain physiological responses in relation
to one or more questions asked during the test. It is important to note
that a polygraph does not include the analysis of physiology associated
with the voice. Instruments that claim to record voice stress are not
polygraphs and have not been shown to have scientific support.
How
accurate is a polygraph? (back to top)
U.S. Government
studies have concluded that when a qualified examiner conducts the test
properly, the polygraph exam is between 87 and 95 percent accurate. It
is the most accurate means available for determining the truth or deception
of a person answering a direct question.
What does the test consist of? (back
to top)
The polygraph
examiner receives and reviews the facts of the case.
The examiner
formulates the specific test questions based upon the facts of the case
and the examinees version of the events.
The examiner
explains the test process to the examinee and reviews the facts of the
case during the pretest interview. At this time the examiner reads each
question to the examinee to make sure each one is easily understood.
If at any
time or for any reason, the examinee feels uncomfortable with the examiner,
the examination should be stopped. Arrangements should be made for another
examiner to conduct the test at another time.
The examinee
is attached to the polygraph instrument and given additional instructions.
The questions
are read to the examinee three times while they are attached to the polygraph
instrument using sensors that measure blood pressure, heart rate, breathing
and sweat gland activity. These measurements are charted on graphs or
stored in the memory of computerized polygraph units.
Upon completion
of the questions, the examiner will analyze the charts and numerically
score the charts to make sure that his analysis is within the acceptable
limits of the instrument. This score results in a conclusion that the
examinee has answered either truth, deception or is determined to be inconclusive.
The examiner
will transmit the test results to the client verbally as soon as is practical.
A written report will be provided if requested.
NOTE: Polygraph
exams are conducted in private. No other persons are allowed in the examination
room during the test. Exceptions may be made if an examinee requires an
interpreter. Most reputable examiners videotape the examination for the
protection of all parties involved.
What
is measured by a polygraph? (back to top)
A standard
polygraph records changes in physiological signs. These signs include
blood pressure, heart rate, breathing, and sweat gland activity (galvanic
skin reflex).
It does not
matter that the examinee is nervous during testing; some nervousness is
to be expected. The polygraph records significant changes from the examinee's
baseline or normal reading when specific questions are asked.
An examinee
intending deception when answering a particular question activates their
sympathetic nervous system when that question is asked. This will cause
identifiable changes in one or more of the physical responses that is
measured by the polygraph.
Are
special examiners needed for sex crimes? (back
to top)
There is
a new certification for examiners called "Certified Post-Conviction
Sex Offender Examiner. This certification requires 40 hours of additional
training. If the exam you need involves an allegation of a sex crime,
it would be wise to choose an examiner with this additional training and
certification.
Are
special examiners needed for immigration cases? (back
to top)
Yes. I-CARE certified examiners receive a minimum of 16 hours of special training in the use of computerized polygraph examination with immigration related issues. This training allows the examiner to address the specific needs which are unique to immigration cases. This training also helps to qualify the examiner as an expert witness at administrative hearings and can provide substantial weight to the Preponderance of Evidence.
Is
the polygraph admissible in court? (back to
top)
Each jurisdiction
must be checked to determine admissibility standards; some criminal courts allow
the introduction of polygraph evidence while others have not. In most
cases, polygraph evidence is used during pre-trial investigation and preparations
rather than during the actual trial.
In the O.
J. Simpson civil trial, the results of a polygraph were admitted into
evidence. This established a precedent across the nation allowing polygraph
examinations in civil trials such as divorce cases.
Polygraph is used in administrative hearings such as immigration hearings to verify plaintiff's claims, statements and credibility. It has been used successfully with both foundation and appeals cases. Federal Rule 702 allows examiners to qualify as expert witnesses. I-CARE examinations are helpful in supplementing the Preponderance of Evidence requirement.
Can
someone beat the polygraph? (back to top)
While an
honest person that has done nothing wrong has no reason to try, some people
will try to beat the test.
The polygraph
works by recording changes caused by a person's sympathetic nervous system.
This is the part of the nervous system that makes your heart beat and
causes you to breathe, it can only be consciously controlled very slightly.
Attempts to control breathing or heart rate are usually picked up by the
trained examiners. A dishonest person might try to affect the outcome
of their examination by using drugs or other countermeasures in an attempt
to mask the changes caused by their sympathetic nervous system when they
answer a question untruthfully.
A person
that is under a physicians care should continue to take their medication
as prescribed. Failure to follow the prescribed regimen of any medication
could cause a metabolic imbalance and have potentially serious medical
consequences for the examinee. Prescription medications taken as prescribed
should not normally affect the outcome of a polygraph examination. If
drugs or alcohol impairs an examinee at the time of their test, it is
usually obvious to the examiner.
Attempts
to beat the test using medications use of diazepam (Valium) or methylphenidate
(Ritalin) are usually unsuccessful. A study published in 1983 showed that
the accuracy rate actually IMPROVED in examinees taking these medications
before the test. If the use of drugs is suspected, a pre-test (or post-test)
drug screening is advised. While the use of certain drugs and medications
may affect the exam, such use generally results in an "inconclusive"
test rather than changing the result from deceptive to truthful.
The use of
hypnotically induced amnesia to defeat a polygraph examination was the
subject of a study published in 1945. While the subjects in this study
showed complete posthypnotic amnesia for certain learned words, they recognized
the words at the unconscious level.
Some examinees
will attempt to defeat the test by inflicting pain on themselves, excessive
movement or controlling their breathing. Use of a motion detection chair
will identify many of these attempts. The examinees fear of detection
in answering relevant questions will usually create more measurable responses
than self-inflicted pain during the other questions.
It is virtually
impossible to change a result from "deceptive" to "truthful"
through the use of drugs, medications or other countermeasures prior to
an exam. This can be demonstrated through verified accuracy rates as high
as 95%.
Can
an employer require an employee take to the test? (back
to top)
Yes, under
certain conditions.
The Employee
Polygraph Protection Act of 1988 requires
1) That the
employer has suffered a specific economic loss of money or merchandise
and the loss has been reported to the appropriate authorities.
2) That the employee to be tested had access to the missing property or
loss.
3) And that the employee is suspected of involvement in the missing property
or loss beyond mere access.
If these
conditions exist and the employer desires to have an employee tested,
the employer must make the request in writing. This request must advise
the employee that the exam is voluntary and that no action can be taken
against him/her solely for refusing to take it.
The employee
must also be advised of the incident under investigation, his/her legal
rights, and a number of other notifications required under the law. This
request must be presented to the employee at least 2 business days prior
to the scheduled exam.
Questions
must be limited to the specific loss only. The examiner is not permitted
to ask questions about losses other than those listed in the notification
form.
If an employee
"fails" a polygraph under these conditions, the employer still
may not take action against the employee without additional supporting
evidence indicating the employee's involvement in the loss.
Exemptions
granted by The Employee Polygraph Protection Act of 1988 allow pre-employment
polygraph examinations for employees of banks, hospitals, nursing homes,
drug warehouses, armored car companies and law enforcement agencies. If
you have questions about pre-employment polygraph screening for your employees,
please contact us.
What
should I look for when hiring a polygraph examiner? (back
to top)
The rapport
between the examiner and examinee is paramount in conducting an effective
polygraph examination. If at any time or for any reason, the examinee
feels uncomfortable with the examiner, the examination should be stopped.
Arrangements should be made for another examiner to conduct the test at
another time.
Most importantly,
if your state requires licensing, make sure the examiner has a current
license.
Every examiner
must attend a polygraph-training program, which lasts 7 to 8 weeks. Upon
completion of this training the examiner must conduct a certain number
of exams under the guidance of an experienced examiner. After this internship
period, the school reviews the examiner's work and grants the certification
if this work was done to their standards.
Most examiners
complete a certain amount of continuing education or advanced training
programs. As technology changes, examiners must keep up with new techniques
and equipment.
Look for
an examiner with professional affiliations and memberships, such as the
American Polygraph Association or other professional organizations that
set standards for examiners.
Last, you
want to be sure that the examiner you choose has experience in the type
of situation you are testing for. Someone that has spent all their time
doing tests for retail theft and white-collar crimes might not be the
best choice to test a sex offender.
(back to top)
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