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The term “polygraph” means “many writings”. The name refers to the way on which physiological activities are recorded. Polygraph examiners may use conventional instruments, sometimes referred to as analog instruments, or computerized polygraph instruments.
An Experienced examiner who has worked for Local, State, and Federal Law Enforcement Agencies and is certified in the State of Florida.
Justice Polygraph Services adheres to the model policy as outlined in the American Polygraph Association. Most people are suitable to undergo a lie detector test, but it does have its limitations.
A typical polygraph examination will include a period referred to as:
In the pre-test, the polygraph examiner will complete the 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 several 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 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.
It takes 2-4 hours. This includes an interview on biographical and health information; a discussion of the issues, questions, and process; a practice test; and the actual test. The charts are analyzed and the results are reported to the examinee before s/he leaves the exam site. Follow-up reporting can be done via email and/or a written report.
Mainly two types of exams are conducted. The two exams that a polygraph examiner conducts are either a Diagnostic Exam which is conducted when there is a known allegation or a known incident. The other exam is a Prescreening Exam which is conducted for an examinee that is applying for a governmental agency. For Post Conviction Sex Offender Testing there are more exams that a Polygraph Examiner can conduct. For example,
- Instant Offense Exam,
- Instant Offense Investigative Exam,
- Sexual History Exam,
- Maintenance Exam,
- Sex Offense Monitoring Exam.
Current polygraph research indicates that when a specific, single-issue polygraph exam is properly administered by a qualified and trained examiner, the accuracy rate is between 92% and 97%.
False positive, False negative – While the polygraph technique is highly accurate, it is not infallible and errors do occur. Polygraph errors may be caused by the examiner’s failure to properly prepare the examinee for the examination, or by a misreading of the physiological data on the polygraph charts. Errors are usually referred to as either false positives or false negatives. A false positive occurs when a truthful examinee is reported as being deceptive; a false negative when a deceptive examinee is reported as truthful.
Since it is recognized that any error is damaging, examiners utilize a variety of procedures to identify the presence of factors that may cause false responses, and to ensure an unbiased review of the polygraph records; these include:
Examinee’s Remedies
If a polygraph examinee believes that an error has been made, several actions may be taken including the following:
Typical polygraph exams have just over a dozen questions, three or four of which are relevant to the topic at hand. “Did you shoot Jim Smith”, is an example of a relevant question. Three of these questions are ideal, four is the absolute maximum. The other of the twelve questions guide your reactions.
Prohibitive Inquiries – Personal and intrusive questions have no place in a properly conducted polygraph examination. Many state licensing laws, the Employee Polygraph Protection Act, as well as the American Polygraph Association, has so stated in language similar to the following:
NO EXAMINER SHOULD INQUIRE INTO ANY OF THE FOLLOWING AREAS DURING PRE-EMPLOYMENT OR PERIODIC EMPLOYMENT EXAMINATIONS:
In a law enforcement pre-employment polygraph examination, the questions focus on such job-related inquiries as the theft of money or merchandise from previous employers, falsification of information on job applications, the use of illegal drugs during working hours, and criminal activities. The test questions are limited in the time they cover, and all are reviewed and discussed with the examinee during a pre-test interview before any polygraph testing is done. There are no surprise or trick questions. In a specific issue polygraph examination, the relevant questions focus on the particular act under investigation.
Yes, it is best to have an examiner that speaks a foreign language; however, interpreters can be used if the examiner and interpreter are properly trained and well-prepared. We speak fluent Spanish and have extensive experience with utilizing interpreters for other languages.
On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. This federal law established guidelines for polygraph testing and restricted most private employers. EPPA is a federal US law and is therefore not applicable to European or other countries.
In Europe, and Latin America there is no law prohibiting the utilization of polygraphs for pre-employment. The candidate must nevertheless give his/her consent by signing the polygraph agreement form.
This legislation only affects commercial businesses. Local, State, and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institutions. In addition, there are exemptions in EPPA for some commercial businesses.
These are:
¨ Businesses under contract with the Federal Government involving specified activities (e.g., counterintelligence work).
¨ Businesses whose primary purpose consists of providing armored car personnel, personnel involved in the design, or security personnel in facilities that have a significant impact on the health or safety of any state. Examples of these facilities would be a nuclear or electric power plant, public water works, or toxic waste disposal.
This legislation only affects commercial businesses. Local, State, and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institutions. In addition, there are exemptions in EPPA for some commercial businesses.
These are:
¨ Businesses under contract with the Federal Government involving specified activities (e.g., counterintelligence work).
¨ Businesses whose primary purpose consists of providing armored car personnel, personnel involved in the design, or security personnel in facilities that have a significant impact on the health or safety of any state. Examples of these facilities would be a nuclear or electric power plant, public water works, or toxic waste disposal.
¨ Companies that manufacture, distribute, or dispense controlled substances.
This is an interview and then a recording of physical responses to determine if a person (the examinee) reacts while being asked a series of questions. The process is transparent and the equipment is modern. It is not what you may have seen in television and movies. There is no trickery.
The age requirements for polygraph testing is age 12 or older. There are several factors to consider, but functional maturity level is considered more important than the actual age. It is recommended by the American Polygraph Association that the Mean Age Equivalence (MAE) or Standard Age Score (SAS) is equivalent to a youth age 12 or older. Anyone under the age of 18 must have written parental or guardian consent before they can be tested.
The examiner will treat you with respect. He will not antagonize or accuse anyone. The pre-test interview is a lengthy discussion of the issues, questions, and process. Most people usually calm down significantly after talking starts, so there is no need to worry.
It is important to inform the examiner if you have had a significant life-changing experience within 24 hours of your polygraph examination. For example, the examiner needs to know if you just came from an argument, were served with divorce papers, if a relative just died, if a favorite pet is missing, or if any other situation that may be causing you abnormal stress or distraction. If that is the case, the examiner may ask you to reschedule your appointment.
If pregnant, get an approval letter from a physician allowing you to take the exam. If you have a serious heart condition or other serious physical issue, consider also getting an approval letter from a physician allowing you to take the exam. If you have any questions please ask before scheduling.
Justice Polygraph Services reserves the right to deny any polygraph request if the examinee is pregnant. There is no published research that would preclude a pregnant woman to undergo polygraph testing, but it is a common practice within the polygraph community to deny this request. There are several factors that are mentioned in a published article by Donald J. Krapohl:
- Back Pain
- Nausea
- Mood swings
- Discomfort when sitting too long or in the wrong position
- Chronic stomach issues
- Sensitivities to touch
- Sudden urinary urges
- Occasional kick in the examinees ribs by unborn child
Due to medical considerations, it is the policy of Justice Polygraph Services to deny polygraph requests if the examinee is pregnant.
Please do not stop taking any existing medications, and do not start taking any new medications, within 24 hours of the examination. This applies to prescription or over-the-counter drugs.
Unless this is a pre-employment exam, please bring with you a list of any medications that you are taking, including the name of the medication, the amount of the dosage, and the frequency of usage.
The use of recreational drugs (marijuana, etc.) or alcohol on the day of the examination may be cause to suspend the examination. Do not use illegal or recreational drugs for at least 24 hours before being tested.
The short answer is yes. Various entities may use exam results in court proceedings in different ways, including but not limited to:
✓ Police Agencies: Some law enforcement agencies accept the results of private polygraphs, but some don't because they want to perform their tests.
Agencies may polygraph candidates to:
¨ Verify the information the candidate already provided
¨ Find out information they are not disclosing
¨ Determine if they are honest and trustworthy
An Examinee must get a full night’s sleep. A minimum of 6 hours of sleep the night before the Polygraph exam is highly recommended.
Do not skip a meal before your polygraph examination.
Wear comfortable clothing without thick sleeves (to allow a blood pressure cuff to be placed on your upper arm).
Allow sufficient time to travel to the examination site without hurry or stress.
The examinee should continue taking any routinely prescribed medication. However, the examinee should refrain from taking any over-the-counter medication 6 hours before the scheduled appointment, or be under the influence of alcohol or drugs. Bring a list of medications you take if you do not have them memorized.
Do not drink alcohol or take illegal drugs before the exam. Drinking “normal” amounts of coffee or caffeinated drinks (what you are accustomed to) should not affect the results.
It is highly recommended the examinee and client refrain from any discussion on the test day regarding the primary issue which leads to the examination. Furthermore, a conversation should be avoided regarding consequences or sanctions following the test or any verbal dispute/conflict, which may influence the reliability of the test.
Please arrive on time for your appointment. Public parking is available.
Upon entering the polygraph exam office, the examinee will be requested to turn off their cell phones.
The examinee and client will then be requested to read and sign a standard waiver and examinee information forms.
The examinee is required to present a valid ID in case a written report is requested.
Listen carefully to your examiner and follow his directions for the best results.
Do not attempt to help yourself or “beat” the polygraph exam (employ “countermeasures”). They are easily detected and will only create “Inconclusive or “No Opinion” results.
During the Exam Sit very still during the actual polygraph examination. It only takes 2-3 minutes to collect each chart.
The entire procedure, from the moment the client/examinee enters the polygraph room, is recorded in both audio and video.
Polygraph admissibility varies from jurisdiction to jurisdiction. Some states ban it completely; others allow results by stipulation; and some allow polygraph evidence over objection.
Representative case citations are provided for reference:
Alabama:
Clements v. State, 474 So.2d 695 (1984). - Green v. Am. Cast Iron, 464 so.2d 294 (1984).
Alaska:
State v. Thomas Alexander / State v. James Griffith (download court decision)
Arizona:
State v. Valdez, 91 Ariz.. 274, 371, P.2d 894 (1962). & State v. Molina, 117 Ariz. 4541 573 P.2d 528 (App.1977).
Arkansas:
Hays v. State, 767 S.W.2d 525 (1989).
California:
People v. Houser, 85 Cal.App.2d 686, 193 P.2d 937 (1948) - Robinson v. Wilson, 44 Cal. App.3d 92, 118 Cal.Rptr. 569 (1974).
Witherspoon v. Superior Court, 133 Cal.App.3rd 24 (1982)
Delaware:
Williams v. State, 378 A.2nd 117 (1977).
Florida:
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)
Georgia:
State v. Chambers, 240 Ga. 76, 239 SE.2d 324 (1977). - Miller v. State, 380 S.E.2d 690 (1989).
Idaho:
State v. Fain, 774 P.2d 252 (1989).
Indiana:
Barnes v. State, 537 N.E.2d 489 (1989). - Davidson v. State, 558 N.E.2d 1077 (1990).
Iowa:
State v. McNamara, 104 N.W.2d 568 (1960). - Haldeman v. Total Petroleum, 376 N.W.2d 98 (1985).
Kansas:
State v. Roach, 570P.2d 1082 (1978).
Nevada:
Corbett v. State, 584 P.2d 704 (1978).
New Jersey:
State v. McDavitt, 297 A.2d 849 (1972). & State v. McMahon 524 A.2d 1348 (1986).
New Mexico:
State v. Dorsey, 539 P.2ed 204 (1975).
North Dakota:
State v. Newman, 409 N.W.2d 79 (1987).
Ohio:
Moss v. Nationwide, 493 N.E.2d 969 (1985). & State v. Souel, 372 N.E.2d 1318 (1978).
Utah:
State v. Jenkins, 523 P.2d 1232 (1974). & State v. Rebetevano, 681 P.2d 1265 (1984).
Washington:
State v. Grigsby, 647 P.2d 6 (1982).
Wyoming:
Cullin v. State, 565 P.2d 445 (1977).
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