Mandatory Employment Polygraph Tests

Polygraph‘s are voluntary. Except… when they’re not. The cases cited below are citings of legal precedences where mandatory polygraph examinations were upheld in courts from all over the country when someone disputed the whole “mandatory” part. There are numerous precedences where mandatory polygraph examinations have held up in court1, especially in the cases of employment… Continue reading »

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FBI Polygraph Expert Confident in Results

On a WRAL (Raleigh) NC news program, NC Wanted, FBI polygraph expert Mark Rozzi, discusses the accuracy of polygraph examinations. Does Rozzi think polygraph is accurate? “If you don’t want the truth, don’t bring them into my room,” Rozzi said. Click here for the whole WRAL NC Wanted story. Se the video below.

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Polygraph vs. the Eye Witness

While nothing in evidentiary rules is probably more hotly contested than the admissibility of the use of polygraph examination results in court, it seems to be more of a bias against machinery than reliability.  For example, typical accuracy of a professional polygraph examiner is about 93%-98% accurate. Compare that to the accuracy of the most… Continue reading »

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Enforced Public & Federal Polygraph Testing

Do criminals have more rights than public officials, civil servants or federal and public employees? Yes. Sometimes. Maybe. The bottom line is: Public and Federal employees are the people we entrust with our lives, safety, education and well-being.  While civilian criminals have certain rights that protect violations of their Constitutional freedoms, our civil servants have… Continue reading »

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Polygraph Admissibility Revisited

The Supreme Court held that “certain Federal Rules of Evidence should govern the admissibility of scientific evidence and required the judge to make a preliminary assessment of the relevance and reliability of the evidence” .

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Mandatory Employment Polygraph Tests FBI Polygraph Expert Confident in Results Polygraph vs. the Eye Witness Enforced Public & Federal Polygraph Testing Polygraph Admissibility Revisited

Jan
23

Mandatory Employment Polygraph Tests

Polygraph testing & business losses & corruptionPolygraph‘s are voluntary. Except… when they’re not. The cases cited below are citings of legal precedences where mandatory polygraph examinations were upheld in courts from all over the country when someone disputed the whole “mandatory” part. There are numerous precedences where mandatory polygraph examinations have held up in court1, especially in the cases of employment and in cases where the employee was in a high security position such as police or civil service. These are usually pre-employment case or when an employee is suspected of wrong doing. Read the rest of this entry »

  1. AELE LAW LIBRARY OF CASE SUMMARIES:   Employment & Labor Law for Public Safety Agencies  http://www.aele.org/law/Digests/empl157.html [↩]

Jan
20

FBI Polygraph Expert Confident in Results

FBI Polygraph Expert in NC, Mark RozziOn a WRAL (Raleigh) NC news program, NC Wanted, FBI polygraph expert Mark Rozzi, discusses the accuracy of polygraph examinations. Does Rozzi think polygraph is accurate? “If you don’t want the truth, don’t bring them into my room,” Rozzi said. Click here for the whole WRAL NC Wanted story. Se the video below. Read the rest of this entry »

Jan
11

Polygraph vs. the Eye Witness

Eye witness inaccuracy vs. polygraph consistent accuracyWhile nothing in evidentiary rules is probably more hotly contested than the admissibility of the use of polygraph examination results in court, it seems to be more of a bias against machinery than reliability.  For example, typical accuracy of a professional polygraph examiner is about 93%-98% accurate. Compare that to the accuracy of the most highly regarded (and possibly worst) evidence… eye witnesses. Read the rest of this entry »

Jan
07

Enforced Public & Federal Polygraph Testing

Public or Federal Employment Polygraph TestingDo criminals have more rights than public officials, civil servants or federal and public employees? Yes. Sometimes. Maybe. The bottom line is: Public and Federal employees are the people we entrust with our lives, safety, education and well-being.  While civilian criminals have certain rights that protect violations of their Constitutional freedoms, our civil servants have to live by a higher standard. While John Doe working at the Quickie Mart has to volunteer to undergo a polygraph test, many times civil employees do not have that choice. Read the rest of this entry »

Jan
04

Polygraph Admissibility Revisited

Polygraph examination admissibilityIn 1993, the Supreme Court held that “certain Federal Rules of Evidence should govern the admissibility of scientific evidence and required the judge to make a preliminary assessment of the relevance and reliability of the evidence”1.
Admissibility of polygraph examinations depends on the given situation. For example, in a revocation hearing, the standard proof is  NOT ‘beyond a reasonable doubt’ required at a criminal trial, but “a preponderance of the evidence”. Probation and parole are usually considered privileges, not rights, so polygraph results are sometimes provided to the court or parole authorities to help with reach a more educated decision. Read the rest of this entry »

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc. [509 U.S. 579, 1993] [↩]

Dec
27

Accuracy & Polygraph Examinations

Polygraph admissibilityPolygraph Examinations, (which The American Polygraph Association states an accuracy of 93-98%),
are exams in which an examiner monitors the psychophysiological responses of a subject while asking a set of test questions. This data (blood pressure, heart rate, etc.) records physiological responses to a person’s natural “fight or flight” impulses. Flight or fight is defined as an unconscious reaction to a physical or psychological threat that will automatically elicit a set of physiological changes, a spike in heart rate for example. Read the rest of this entry »

Dec
14

Post Conviction Polygraph Testing Ethics

Polygraph ethics in sexual offender casesOne of the major concerns with post conviction polygraph testing regards the Fifth Amendment.  Legal and ethical concerns about polygraph testing  on post-conviction sexual offenders gravitate around issues of…

  • self-incrimination
  • invasion of privacy
  • questions about the accuracy and reliability of polygraphs
  • and the admissibility of polygraph evidence in court. Read the rest of this entry »

Dec
07

Sexual Offender Management

polygraph examinations Sexual Offender managementPolygraph examinations are used as part of the treatment, management and containment of post conviction sexual offenders. The use of polygraph examinations with sex offenders is akin to using urinalysis testing with convicted drug offenders. But there’s more to it than that. It enables case workers to not only monitor the progress with post conviction sexual offenders, but help treat, and even help predict possible repeat offenses, protecting the public at large and preventing new crimes.

Most sexual offenders live in a world of lies. They spend their lives getting deceiving people into believing they are “normal”. Only a tiny minority of containment professionals (psychologists, parole officers, police, etc.) believe that sex offenders will suddenly begin telling the truth when they are placed under correctional supervision1. Read the rest of this entry »

  1. English, Pullen, and Jones, 1996 [↩]

Nov
15

Using Polygraphs to Exclude Evidence, Not Admit

Attorneys can employ dual, paired testing by certified polygraphists to exclude untrustworthy testimony. This is NOT submitting inadmissible evidence into court, but  EXCLUDING untrustworthy testimony from being entered into evidence. Utilizing polygraph exams in this manner, avoids violating the long standing prejudice against the admissibility of polygraph results.

By using independent polygraph examiners, attorneys “can help prove innocent people erroneously accused of offenses that, by their nature, seldom produce forensic evidence.” This dual polygraph examiner (exclusion based) technique is an affordable and practical approach to reducing the frequency of abuses and false allegations, before they get to court. Polygraph’s are very effective in “he said/she said” cases where one of a pair of opposed witnesses is almost certainly lying. Read the rest of this entry »

Nov
08

Using Polygraph in Criminal Cases

Admissibility, Lie Detection, Polygraph, Polygraph examinationsPolygraph examinations are a continuing debate in the halls of justice as to their veracity and admissibility in court.  The answer to both questions is: it depends. In some cases, a polygraph is admissible. In California, any polygraph is admissible in Court if both parties agree in advance to allow the polygraph. Have the witness in question tested by an independent polygraph examiner, and once they have “passed” the exam, have the results provided to the opposing attorneys, so they are aware of the results. The polygraph is then”work product” of the lawyer and cannot be brought into court without agreement by the lawyer and client. Read the rest of this entry »

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