The legal admissibility of polygraph exams varies across multiple jurisdictions. And contrary to popular perception, it has more to do with the lack of consensus on the scientific accuracy of these tests.
Even polygraph assessments that meet the American Polygraph Association (APA)’s accuracy benchmarks may still be declined on several ethical grounds.
In this post, we highlight the various ethical issues to address when conducting polygraph tests.
1. Voluntary Agreement
This is unarguably the biggest ethical issue surrounding the administration of polygraph exams. To conduct an ethical lie detector test, the would-be examinee must willfully submit in writing to being polygraphed.
It doesn’t matter if all the evidence points to a person’s guilt. The individual cannot be compelled to take a lie detector test.
Polygraph results are immediately declared invalid if it’s established that there was coercion or exercise of undue influence in getting the examiner to take the assessments.
2. Informed Consent
It’s not enough to get a polygraph examinee to willingly submit to a lie detector test. They must be made aware of the full implications of the scheduled assessment.
First, it’s important to notify an examinee of an upcoming polygraph test several days ahead. These preliminary interactions enable a polygrapher to establish rapport with the individual while articulating the test subject, purpose, and consequences to them.
Besides, the examinee must understand the limitations of polygraph tests vis-à-vis their rights. They can then consent or decline the evaluations from a point of information.
3. Unquestionable Professionalism
When conducting polygraph tests, the examiner should address the examinee respectfully and ensure their dignity is preserved.
Questions must be asked politely and in a non-accusatory tone. Each response arouses the autonomic nervous system (ANS), enabling a polygrapher to draw a deduction of deception or truthfulness.
Moreover, the examiner must maintain a friendly and neutral disposition, even if the examinee grossly incriminates themselves.
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4. Question Relevance
The questions posed during polygraph evaluations should relate to the matter under investigation. They can be directly associated with the case (called Relevant Questions) or linked to similar but less serious past misconduct (known as Control Questions).
However, polygraphers are allowed to pose general queries from time to time.
Aptly termed Irrelevant Questions, these queries enable the examinee to relax after an intense round of questioning.
5. Psychological preparedness and examiner accountability
An examiner must make sure the examinee is psychologically and emotionally fit for the polygraph test before it starts. This includes looking for any disorders—such as extreme anxiety, trauma history, or developmental disabilities—that can compromise the general state of health or the accuracy of the findings.
Should the examinee exhibit symptoms of anxiety, confusion, or emotional instability, examiners have to use their discretion to postpone or even call off tests.
Under ethical standards, polygraphs are taught not only in test administration but also in identifying when a person would not be appropriate for testing—giving human dignity and psychological wellness first priority over procedural completion first importance.
6. Transparency and Openness
There should be transparency in recording polygraph responses and compiling the final report. This helps minimize glaring errors that could falsify the outcome.
To reduce the risks of conducting invalid polygraph tests, it’s important to have all lie detector evaluations performed by skilled and experienced examiners.
An experienced polygrapher will design the questions in a manner that fosters honesty and transparency, without compromising the pursuit of truth.
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7. Data Privacy and Safety
Leakage of sensitive information from lie detector tests can cause irreparable reputational damage, particularly to high-ranking members of society.
Before submitting to a polygraph assessment, an examinee must be informed about all the parties accessing the test results. Besides, all information gathered during polygraph evaluations must be handled in strict adherence to applicable data privacy laws.
8. Fair Chance to Explain In-test Responses
After conducting polygraph evaluations, examinees should have an opportunity to explain some of their responses. The explanations, a critical component of the post-test phase, enable polygraphers to compile more accurate reports.
Focus should be placed on responses that triggered dramatic arousal of the autonomic nervous system. Based on how an examinee explains, the examiner may choose to go ahead and compile a report or redo the test.
9. Post-Test Support
The results from polygraph tests will inform the type of support required by the examinee.
Assume that a lie detector reveals evidence of child molestation. In that case, polygraph results shouldn’t only serve as a basis for punishing the offender. They should also provide the right treatment for the victim.
As already mentioned, there’s also a need to offer robust psychological support for individuals who’ve had to endure or recount disturbing details during polygraph tests.
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Final Word
Polygraph tests have historically been shrouded in ethical dilemmas. By resolving these pertinent issues, you can conduct lie detector tests that deliver remarkably accurate scores.
More importantly, findings from ethically conducted polygraph assessments are legally defensible. They ensure that test results are legally admissible in relevant jurisdictions while shielding examiners from undue prosecution.
The best practice when conducting ethical polygraph tests is to insist on working with accredited polygraphers. It’s also imperative to prepare the examinee adequately for each evaluation and obtain their unequivocal consent in writing.