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Clugston Polygraph & Investigative Services 616 South Main Street Suite 311 Tulsa, Oklahoma 74119 918-622-7008
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Frequently Asked Questions About Polygraph Examinations.
What does the test consist of? What is measured by a polygraph? What kind of questions can be asked? How many questions can be asked? Are special examiners needed for sex crimes? Can someone under age 18 take a polygraph? Is the polygraph admissible in court? Can someone beat the polygraph? Aren't there some books on trying to beat the polygraph? Can an employer require an employee take to the test? What should I look for when hiring a polygraph examiner?
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 examinee’s 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. What
kind of questions can be asked?
(back to top) All
test questions must be limited to "yes" or "no" answers. The
test questions must have definite objective answers and may not be opinions. The
test questions must relate to past events of a factual nature.
The wording of the questions must only have one interpretation. There
are never any questions pertaining to religion or politics. There
will be no questions pertaining to sexual subject matter during either the
interview or polygraph examination unless such subject matter is relevant or
necessary to conduct the investigation.
An
example of a "good" and "bad" question: Bad
- "Did you ever cheat on your husband?" Good
- "Since you married Jim, have you had sexual intercourse with anyone other
than Jim?" Questions
in the same test must be related to one another. The examiner can ask about drug
use and alcohol use in the same examination, but not ask about drug use and
extramarital sex in the same test. Distinctly
separate types of issues require separate examinations. How
many questions can be
asked? (back
to top) An examiner can usually cover three (3) relevant questions during an exam. This assumes these questions are related to one another (see the question above). It takes about 90 minutes to cover these three questions effectively. If it is necessary to ask more questions, another exam must be designed and conducted, usually at a later time. This will add to the time and cost involved. Test results are usually less reliable with an increase in the number of relevant test questions. A healthy individual can only produce readable polygraph charts for a limited period of time; after this time has passed it is impossible to generate a conclusive polygraph test. Any further testing would need to be scheduled for a different day. 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.
Can
someone under age 18 take a polygraph?
(back to top) Yes,
but the examiner must first have written consent of a parent or guardian.
However, most examiners will not test anyone less than 14 years of age barring
extraordinary circumstances.
Is
the polygraph admissible in court?
(back to top) Each
jurisdiction must be checked to determine admissibility standards; some 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. 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 physician’s 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 examinee’s 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%.
Aren't
there some books on trying to beat the polygraph? (back to top)
There are books claiming to tell how to beat the polygraph. Some of the books recommend using medications, drugs, hypnosis or self-inflicted pain in an attempt to beat the test. These countermeasures have been proven ineffective.
One of these books was written by a man that administered over 6,000 tests as part of his job as a police officer. In thousands of tests, he rendered a decision on the truthfulness or deception of the examinee. His decisions affected the employment and the freedom of thousands of people. Now he claims the tests are inaccurate and are not capable of determining truthfulness or deception.
Was he telling the truth then? Or is he telling the truth now?
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
If
these conditions exist and the employer desires to have an employee tested, the
employer must make the request in writing.
This form can be downloaded from our website and must be printed on the
employer’s letterhead. 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.
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