Polygraphs On Campus: Can Universities Demand Lie Detector Tests?

The use of polygraph tests, or lie detectors, is a controversial topic. While polygraph examiners are highly trained technicians who use a blend of psychology and physiology to determine the deceptiveness of an examinee, there is no scientific consensus on the reliability of polygraph tests. In the US, polygraph evidence was inadmissible in criminal cases for most of the 20th century due to its perceived unreliability, and this trend continues in most courts today. However, a minority of jurisdictions, including Ohio, admit polygraph examinations under limited circumstances. Polygraph tests are also used in some countries as an interrogation tool for criminal suspects or candidates for sensitive public or private sector employment. The accuracy of polygraph tests is questionable, and they may be influenced by the countermeasures taken by the examinee, or the interrogation style of the examiner. Despite these concerns, polygraph tests remain a common tool in police investigations and are used extensively by prosecutors, defense attorneys, and law enforcement agencies.

Polygraph examiner qualifications

To become a polygraph examiner, one must undergo extensive training and education to gain the qualifications necessary to conduct polygraph examinations. Here is a detailed overview of the qualifications and steps required to become a certified polygraph examiner:

• Education: Aspiring polygraph examiners should pursue a bachelor's or associate degree in a related field such as psychology, criminal justice, or law enforcement. This educational background provides a strong foundation in understanding human behaviour, investigative techniques, and legal principles, which are crucial for polygraph examiners.
• Accredited Polygraph Training Program: Enrolling in an accredited polygraph training program is essential. These programs are often accredited by the American Polygraph Association and can take up to 18 months to complete. The curriculum covers various topics, including ethics, legal issues, polygraph test question formulation, interview techniques, and polygraph technology. One example is the Polygraph Examiners Course offered by the Canadian Police College, which consists of an academic phase, an internship phase, and a certification phase.
• Fieldwork or Internship: After completing the polygraph training program, individuals must gain practical experience by conducting fieldwork or an internship under the supervision of a certified polygraph examiner. This phase allows trainees to apply their knowledge in real-world settings and refine their skills in conducting examinations, interpreting results, and preparing reports.
• Certification: While not mandatory, becoming certified by the American Polygraph Association or state and regional examiner associations enhances credibility and ensures adherence to rigorous standards. Certification often involves specialized exams and meeting various licensure requirements, which may include written examinations, practical evaluations, and oral interviews.
• Continuing Education: To maintain their qualifications, polygraph examiners must stay up-to-date with the latest practices and advancements in the field. This includes participating in continuing education courses, advanced training programs, and proficiency evaluations offered by professional associations or accredited institutions.

By fulfilling these qualifications and requirements, individuals can become certified polygraph examiners, capable of conducting polygraph examinations, interpreting results, and providing valuable insights into the truthfulness or deceptiveness of an individual's statements.

Polygraph test accuracy

The accuracy of polygraph tests is a highly controversial topic. Most psychologists agree that there is little evidence that polygraph tests can accurately detect lies. Courts, including the United States Supreme Court, have repeatedly rejected the use of polygraph evidence because of its inherent unreliability. However, polygraph testing continues to be used in non-judicial settings, such as screening personnel, assessing the veracity of suspects and witnesses, and monitoring criminal offenders on probation.

The American Polygraph Association, which sets the standards for testing, claims that polygraphs are "highly accurate", with an accuracy rate above 90% when done correctly. Critics, on the other hand, argue that the tests are only accurate 70% of the time. They argue that there are many factors that can trigger a false positive or false negative result. For example, an honest person may be nervous when answering truthfully, or a dishonest person may be non-anxious. Additionally, there is little research on the effects of subjects' differences in factors such as education, intelligence, or level of autonomic arousal.

Furthermore, the interpretation of polygraph results is subjective and depends on the skill and experience of the examiner. The machine only detects physiological stress, and it is up to the operator to decide if that means the subject is lying. This subjectivity can lead to incorrect conclusions and further contributes to the controversy surrounding polygraph accuracy.

Despite the controversy and lack of scientific evidence, polygraph testing remains a popular tool in criminal investigations and for screening individuals for jobs and security clearances. However, it is essential to approach the results of polygraph tests with scepticism and to consider other sources of information and evidence.

Polygraph admissibility in court

Polygraph tests, or lie detector tests, are controversial because of their perceived reliability issues. In most US states, polygraph test results are not admissible in court under any circumstances. This is known as the per se exclusion rule.

However, a minority of jurisdictions, including Ohio, admit polygraph examinations under limited circumstances. In Ohio, if all parties, including the defendant, defence attorney, and prosecutor, agree in advance to the admissibility of the results, the court may be inclined to admit them. This is referred to as a stipulation, which occurs before the defendant takes the polygraph examination.

In State v. Seoul, the Ohio Supreme Court ruled that polygraph evidence was admissible under the following conditions:

• The prosecutor, defendant, and defence counsel must sign a written stipulation providing the defendant will take the polygraph test and its results will be admitted to trial.
• The admission of the test results is subject to the discretion of the judge; if the judge is not convinced the polygraph examiner is qualified or the test was conducted under proper conditions, the judge may refuse to admit the test results.
• Opposing counsel has the right to cross-examine the polygraph examiner at trial concerning their qualifications and training, the conditions under which the polygraph test was given, the limitations and possibilities of error concerning the polygraph test results, and any other matter the judge deems pertinent.
• If the test results are admitted, the trial judge must instruct the jury that the examiner's testimony does not tend to prove or disprove any element of the crime with which the defendant was charged, and that they must determine what weight and effect such testimony should be given.

In the case of State v. Sharma, the Summit County Common Pleas Court in its 2007 decision allowed the defendant, who was charged with sexual battery, to introduce favourable polygraph test results in the absence of a stipulation. The court held that given recent significant advancements in polygraph technology, the Sixth and Fourteenth Amendments justified the admission of the non-stipulated polygraph evidence when it is satisfied that experts have demonstrated the polygraph is reliable and where Seoul's requirements of examiner cross-examination and limited jury instructions are used.

In the US, polygraph examiners are highly trained and disciplined technicians who often give polygraph tests to witnesses, suspects, and other individuals involved in a criminal trial. Polygraph examiners interpret the results of polygraph tests using their knowledge of physiology and psychology to determine the deceptiveness of the individual taking the test.

Polygraph testing ethics

Polygraph testing, also known as a lie detector test, is a controversial subject due to its reliability issues. The test is designed to detect deception or truthfulness and is used by US federal authorities for screening applicants, detecting crimes, and maintaining employee honesty. However, the validity and reliability of polygraph tests are questionable, and there is no consensus on their accuracy.

One of the main ethical concerns surrounding polygraph testing is its potential to infringe on individual privacy and freedom. The test situation itself can be highly stressful and intimidating for the examinee, and the questions asked may intrude on personal matters such as sexual preference, family problems, or union activity.

Another ethical issue is the potential for false positives or negatives, which can have serious consequences for the examinee. False positives occur when truthful individuals are deemed deceptive, while false negatives happen when deceptive individuals are incorrectly assessed as truthful. Polygraph testing has been criticised for its potential to produce such errors, which can lead to miscarriages of justice or stall careers.

Additionally, the use of polygraph testing in employment settings has sparked ethical debates. Some argue that it invades employee privacy and creates dissatisfaction, while others claim it is necessary to maintain national security and protect against internal crimes. The effectiveness of polygraph testing in these contexts is also questionable, as it may not accurately identify truthful or deceptive individuals.

Furthermore, the ethics of teaching individuals how to "beat" a polygraph test is a contentious issue. While some argue that it undermines the validity of the test and improves justice, others believe it can lead to malicious activity and compromise security.

Lastly, the use of polygraph testing in court proceedings is ethically complex. While some jurisdictions, like Ohio, admit polygraph examinations under specific conditions, most courts exclude them due to reliability concerns. This exclusion rule underscores the ethical dilemma of relying on potentially fallible evidence in legal decisions.

In conclusion, polygraph testing ethics encompass concerns about privacy, accuracy, employment practices, security, and the legal system. The controversial nature of polygraph testing highlights the need for ethical scrutiny and informed decision-making regarding its use.

Polygraph testing in student employment screening

Polygraph testing is a standard pre-employment screening procedure for various agencies and positions, especially in sectors such as law enforcement and sensitive information handling. While the Employee Polygraph Protection Act (EPPA) prevents most employers from requiring polygraph testing for their employees, some types of organizations are exempt from this law to promote safety and security. These include federal, state, and local government agencies such as police and fire departments, as well as public agencies like school systems and correctional institutions.

Additionally, private employers in certain industries are permitted to administer polygraph tests. These include companies providing security services, designing security systems, or supplying security personnel in facilities that impact the safety and health of any state. Companies that manufacture, distribute, or dispense controlled substances, including pharmaceuticals, are also exempt from the EPPA.

The polygraph test, or lie detector test, is a device that records changes in physiological processes such as cardiovascular (heartbeat and blood pressure), respiratory, and perspiration patterns. These changes are interpreted to determine the honesty or dishonesty of the test-taker. The underlying theory is that when people are dishonest, they get measurably nervous, exhibiting increased heartbeat, blood pressure, and altered breathing rhythms.

The pre-exam phase of a polygraph test typically involves a written questionnaire about the candidate's personal history, including work history, residential history, driving record, criminal history, drug history, social media use, and financial history. The actual polygraph setup involves connecting the candidate to a device that monitors respiratory rate, blood pressure, and sweat levels. Operators ask a series of questions, including those with known answers, to establish a baseline for the candidate's vital signs.

While polygraph testing is generally used for pre-employment screening, it can also be employed by employers when investigating serious workplace incidents. However, specific requirements must be met based on the EPPA. It is important to note that the results of polygraph tests are considered private and can only be disclosed to the employer and test-taker without their permission or by a court order.

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