
A polygraph, often incorrectly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as
blood pressure
Blood pressure (BP) is the pressure of circulating blood against the walls of blood vessels. Most of this pressure results from the heart pumping blood through the circulatory system. When used without qualification, the term "blood pressur ...
,
pulse
In medicine, a pulse represents the tactile arterial palpation of the cardiac cycle (heartbeat) by trained fingertips. The pulse may be palpated in any place that allows an artery to be compressed near the surface of the body, such as at the ...
,
respiration, and
skin conductivity while a person is asked and answers a series of questions. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth.
In some countries, polygraphs are used as an
interrogation
Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful i ...
tool with criminal suspects or candidates for sensitive public or private sector employment.
US law enforcement and federal government agencies such as the
FBI,
DEA,
CIA,
NSA, and many police departments such as the
LAPD and the
Virginia State Police use polygraph examinations to interrogate suspects and screen new employees. Within the US federal government, a polygraph examination is also referred to as a psychophysiological detection of deception (PDD) examination. The average cost to administer the test in the United States is more than $700 and is part of a $2 billion industry.
[
Assessments of polygraphy by scientific and government bodies generally suggest that polygraphs are highly inaccurate, may easily be defeated by countermeasures, and are an imperfect or invalid means of assessing truthfulness.][ A comprehensive 2003 review by the ]National Academy of Sciences
The National Academy of Sciences (NAS) is a United States nonprofit, non-governmental organization. NAS is part of the National Academies of Sciences, Engineering, and Medicine, along with the National Academy of Engineering (NAE) and the Nat ...
of existing research concluded that there was "little basis for the expectation that a polygraph test could have extremely high accuracy." The American Psychological Association
The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It has ...
states that "most psychologists agree that there is little evidence that polygraph tests can accurately detect lies."
The control question test, also known as the probable lie test, was developed to overcome or mitigate the problems with the relevant-irrelevant testing method. Although the relevant questions in the probable lie test are used to obtain a reaction from people who are lying, the physiological reactions that distinguish lies may also occur in innocent individuals who fear false detection or feel passionately that they did not commit a crime. Therefore, although a physiological reaction may be occurring, the reasoning behind the response may be different. Further examination of the probable lie test has indicated that it is biased against innocent subjects. Those who are unable to think of a lie related to the relevant question will automatically fail the test.
Testing procedure
The examiner typically begins polygraph test sessions with a pre-test interview to gain some preliminary information which will later be used to develop diagnostic questions. Then the tester will explain how the polygraph is supposed to work, emphasizing that it can detect lies and that it is important to answer truthfully. Then a "stim test" is often conducted: the subject is asked to deliberately lie and then the tester reports that he was able to detect this lie. Guilty subjects are likely to become more anxious when they are reminded of the test's validity. However, there are risks of innocent subjects being equally or more anxious than the guilty. Then the actual test starts. Some of the questions asked are "irrelevant" ("Is your name Fred?"), others are "diagnostic" questions, and the remainder are the "relevant questions" that the tester is really interested in. The different types of questions alternate. The test is passed if the physiological responses to the diagnostic questions are larger than those during the relevant questions.
Criticisms have been given regarding the validity of the administration of the Control Question Technique. The CQT may be vulnerable to being conducted in an interrogation-like fashion. This kind of interrogation style would elicit a nervous response from innocent and guilty suspects alike. There are several other ways of administering the questions.
An alternative is the Guilty Knowledge Test (GKT), or the Concealed Information Test, which is used in Japan. The administration of this test is given to prevent potential errors that may arise from the questioning style. The test is usually conducted by a tester with no knowledge of the crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
or circumstances in question. The administrator tests the participant on their knowledge of the crime that would not be known to an innocent person. For example: "Was the crime committed with a .45 or a 9 mm?" The questions are in multiple choice and the participant is rated on how they react to the correct answer. If they react strongly to the guilty information, then proponents of the test believe that it is likely that they know facts relevant to the case. This administration is considered more valid by supporters of the test because it contains many safeguards to avoid the risk of the administrator influencing the results.
Effectiveness
Although there is some debate in the scientific community
The scientific community is a diverse network of interacting scientists. It includes many " sub-communities" working on particular scientific fields, and within particular institutions; interdisciplinary and cross-institutional activities are als ...
regarding the efficacy of polygraphs, assessments of polygraphy by scientific and government bodies generally suggest that polygraphs are inaccurate, may be defeated by countermeasures, and are an imperfect or invalid means of assessing truthfulness.[ Despite claims that polygraph tests are between 80% to 90% accurate by advocates, the National Research Council has found no evidence of effectiveness.] In particular, studies have indicated that the relevant–irrelevant questioning technique is not ideal, as many innocent subjects exert a heightened physiological reaction to the crime-relevant questions. The American Psychological Association
The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It has ...
states "Most psychologists agree that there is little evidence that polygraph tests can accurately detect lies."
In 2002, a review by the National Research Council found that, in populations "untrained in countermeasures, specific-incident polygraph tests can discriminate lying from truth telling at rates well above chance, though well below perfection". The review also warns against generalization from these findings to justify the use of polygraphs—"polygraph accuracy for screening purposes is almost certainly lower than what can be achieved by specific-incident polygraph tests in the field"—and notes some examinees may be able to take countermeasures to produce deceptive results.
In the 1998 US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
case '' United States v. Scheffer'', the majority stated that "There is simply no consensus that polygraph evidence is reliable ..Unlike other expert witnesses who testify about factual matters outside the jurors' knowledge, such as the analysis of fingerprints, ballistics, or DNA found at a crime scene, a polygraph expert can supply the jury only with another opinion." The Supreme Court summarized their findings by stating that the use of polygraph was "little better than could be obtained by the toss of a coin." In 2005, the 11th Circuit Court of Appeals stated that "polygraphy did not enjoy general acceptance from the scientific community".[ DF/ref> In 2001, William Iacono, Professor of Psychology and Neuroscience at the ]University of Minnesota
The University of Minnesota, formally the University of Minnesota, Twin Cities, (UMN Twin Cities, the U of M, or Minnesota) is a public university, public Land-grant university, land-grant research university in the Minneapolis–Saint Paul, Tw ...
, concluded:
Although the CQT ontrol Question Testmay be useful as an investigative aid and tool to induce confessions, it does not pass muster as a scientifically credible test. CQT theory is based on naive, implausible assumptions indicating (a) that it is biased against innocent individuals and (b) that it can be beaten simply by artificially augmenting responses to control questions. Although it is not possible to adequately assess the error rate of the CQT, both of these conclusions are supported by published research findings in the best social science journals (Honts et al., 1994; Horvath, 1977; Kleinmuntz & Szucko, 1984; Patrick & Iacono, 1991). Although defense attorneys often attempt to have the results of friendly CQTs admitted as evidence in court, there is no evidence supporting their validity and ample reason to doubt it. Members of scientific organizations who have the requisite background to evaluate the CQT are overwhelmingly skeptical of the claims made by polygraph proponents.
Polygraphs measure arousal
Arousal is the physiological and psychological state of being awoken or of sense organs stimulated to a point of perception. It involves activation of the ascending reticular activating system (ARAS) in the brain, which mediates wakefulness, th ...
, which can be affected by anxiety
Anxiety is an emotion which is characterized by an unpleasant state of inner turmoil
Turmoil may refer to:
* ''Turmoil'' (1984 video game), a 1984 video game released by Bug-Byte
* ''Turmoil'' (2016 video game), a 2016 indie oil tycoon video ...
, anxiety disorder
Anxiety disorders are a cluster of mental disorders characterized by significant and uncontrollable feelings of anxiety and fear such that a person's social, occupational, and personal function are significantly impaired. Anxiety may cause physi ...
s such as posttraumatic stress disorder
Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on ...
(PTSD), nervousness, fear, confusion, hypoglycemia, psychosis, depression, substance induced states (nicotine, stimulants), substance withdrawal state (alcohol withdrawal) or other emotions; polygraphs do not measure "lies". A polygraph cannot differentiate anxiety caused by dishonesty and anxiety caused by something else.
US Congress Office of Technology Assessment
In 1983, the US Congress Office of Technology Assessment published a review of the technology and found that
National Academy of Sciences
In 2003, the National Academy of Sciences
The National Academy of Sciences (NAS) is a United States nonprofit, non-governmental organization. NAS is part of the National Academies of Sciences, Engineering, and Medicine, along with the National Academy of Engineering (NAE) and the Nat ...
(NAS) issued a report entitled "The Polygraph and Lie Detection". The NAS found that "overall, the evidence is scanty and scientifically weak," concluding that 57 of the approximately 80 research studies that the American Polygraph Association relied on to reach their conclusions were significantly flawed. These studies did show that specific-incident polygraph testing, in a person untrained in counter-measures, could discern the truth at "a level greater than chance, yet short of perfection". However, due to several flaws, the levels of accuracy shown in these studies "are almost certainly higher than actual polygraph accuracy of specific-incident testing in the field".
Chapter 8: Conclusions and Recommendations, p. 212
When polygraphs are used as a screening tool (in national security matters and for law enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term ...
agencies for example) the level of accuracy drops to such a level that "Its accuracy in distinguishing actual or potential security violators from innocent test takers is insufficient to justify reliance on its use in employee security screening in federal agencies." The NAS concluded that the polygraph "may have some utility but that there is "little basis for the expectation that a polygraph test could have extremely high accuracy".[
The NAS conclusions paralleled those of the earlier ]United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washi ...
Office of Technology Assessment report "Scientific Validity of Polygraph Testing: A Research Review and Evaluation". Similarly, a report to Congress by the Moynihan Commission on Government Secrecy concluded that "The few Government-sponsored scientific research reports on polygraph validity (as opposed to its utility), especially those focusing on the screening of applicants for employment, indicate that the polygraph is neither scientifically valid nor especially effective beyond its ability to generate admissions".[IV Personnel Security: Protection Through Detection]
quoting Ralph M. Carney, ''SSBI Source Yield: An Examination of Sources Contacted During the SSBI'' (Monterey: Defense Personnel Security Research Center, 1996), 6, affirming that in 81% of cases, the derogatory informations were obtained through questionnaire and/or interrogation.
Despite the NAS finding of a "high rate of false positives," failures to expose individuals such as Aldrich Ames and Larry Wu-Tai Chin, and other inabilities to show a scientific justification for the use of the polygraph, it continues to be employed.
Countermeasures
Several proposed countermeasures designed to pass polygraph tests have been described. There are two major types of countermeasures: "general state" (intending to alter the physiological or psychological state of the subject during the test), and "specific point" (intending to alter the physiological or psychological state of the subject at specific periods during the examination, either to increase or decrease responses during critical examination periods).
* General state: asked how he passed the polygraph test, Central Intelligence Agency
The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
officer turned KGB mole Aldrich Ames explained that he sought advice from his Soviet
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
handler and received the simple instruction to: "Get a good night's sleep, and rest, and go into the test rested and relaxed. Be nice to the polygraph examiner, develop a rapport, and be cooperative and try to maintain your calm".[Weiner, Tim, David Johnston, and Neil A. Lewis, ''Betrayal: The Story of Aldrich Ames, an American Spy,'' 1995.] Additionally, Ames explained, "There's no special magic... Confidence is what does it. Confidence and a friendly relationship with the examiner... rapport, where you smile and you make him think that you like him".
* Specific point: other suggestions for countermeasures include for the subject to mentally record the control and relevant questions as the examiner reviews them before the interrogation begins. During the interrogation the subject is supposed to carefully control their breathing
Breathing (or ventilation) is the process of moving air into and from the lungs to facilitate gas exchange with the internal environment, mostly to flush out carbon dioxide and bring in oxygen.
All aerobic creatures need oxygen for cell ...
while answering the relevant questions, and to try to artificially increase their heart rate
Heart rate (or pulse rate) is the frequency of the heartbeat measured by the number of contractions (beats) of the heart per minute (bpm). The heart rate can vary according to the body's physical needs, including the need to absorb oxygen and e ...
during the control questions, for example by thinking of something scary or exciting, or by pricking themselves with a pointed object concealed somewhere on the body. In this way the results will not show a significant reaction to any of the relevant questions.[Lykken, David T. ''A Tremor in the Blood: Uses and Abuses of the Lie Detector,'' 2nd ed., New York: Plenum Trade, 1998, pp. 273–279.]
Use
Law enforcement agencies and intelligence agencies in the United States are by far the biggest users of polygraph technology. In the United States alone most federal law enforcement agencies either employ their own polygraph examiners or use the services of examiners employed in other agencies. In 1978 Richard Helms
Richard McGarrah Helms (March 30, 1913 – October 23, 2002) was an American government official and diplomat who served as Director of Central Intelligence (DCI) from 1966 to 1973. Helms began intelligence work with the Office of Strategic Ser ...
, the eighth Director of Central Intelligence, stated:
Susan McCarthy of ''Salon
Salon may refer to:
Common meanings
* Beauty salon, a venue for cosmetic treatments
* French term for a drawing room, an architectural space in a home
* Salon (gathering), a meeting for learning or enjoyment
Arts and entertainment
* Salon ...
'' said in 2000 that "The polygraph is an American phenomenon, with limited use in a few countries, such as Canada, Israel and Japan."
Canada
In Canada, the 1987 decision of ''R v Béland
''R v Béland'' 9872 S.C.R. 398 is a leading Supreme Court of Canada decision where the Court rejected the use of polygraph results as evidence in court.
Background
Alain Béland, Bruce Phillips, and two others were planning a robbery. However, ...
'', the Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to ...
rejected the use of polygraph results as evidence in court, finding that they were inadmissible. The polygraph is still used as a tool in the investigation of criminal acts and sometimes employed in the screening of employees for government organizations.
In the province of Ontario, the use of polygraphs by an employer is not permitted. A police force does have the authorization to use a polygraph in the course of the investigation of an offence.
United States
In 2018, ''Wired'' magazine reported that an estimated 2.5 million polygraph tests were given each year in the United States, with the majority administered to paramedics
A paramedic is a registered healthcare professional who works autonomously across a range of health and care settings and may specialise in clinical practice, as well as in education, leadership, and research.
Not all ambulance personnel are p ...
, police officers
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
, firefighters
A firefighter is a first responder and rescuer extensively trained in firefighting, primarily to extinguish hazardous fires that threaten life, property, and the environment as well as to rescue people and in some cases or jurisdictions also ...
, and state troopers. The average cost to administer the test is more than $700 and is part of a $2 billion industry.
, polygraph testimony was admitted by stipulation in 19 states, and was subject to the discretion of the trial judge in federal court. The use of polygraph in court testimony remains controversial, although it is used extensively in post-conviction supervision, particularly of sex offenders. In ''Daubert v. Merrell Dow Pharmaceuticals, Inc.
''Daubert v. Merrell Dow Pharmaceuticals, Inc.'', 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. In ''Daubert'', the Court held that the enactment of the Fe ...
'' (1993), the old Frye standard was lifted and all forensic evidence, including polygraph, had to meet the new Daubert standard
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion in limine, motion ''in limine'' raised before or during ...
in which "underlying reasoning or methodology is scientifically valid and properly can be applied to the facts at issue." While polygraph tests are commonly used in police investigations in the US, no defendant or witness can be forced to undergo the test unless they are under the supervision of the courts. In '' United States v. Scheffer'' (1998), the US Supreme Court left it up to individual jurisdictions whether polygraph results could be admitted as evidence in court cases. Nevertheless, it is used extensively by prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
s, defense attorney
A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various j ...
s, and law enforcement agencies
A law enforcement agency (LEA) is any government agency responsible for the enforcement of the laws.
Jurisdiction
LEAs which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction.
LEAs ...
. In the states of Rhode Island
Rhode Island (, like ''road'') is a state in the New England region of the Northeastern United States. It is the smallest U.S. state by area and the seventh-least populous, with slightly fewer than 1.1 million residents as of 2020, but i ...
, , Maryland
Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; ...
, New Jersey
New Jersey is a U.S. state, state in the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. It is bordered on the north and east by the state of New York (state), New York; on the ea ...
, Oregon
Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idah ...
, Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacen ...
and Iowa
Iowa () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wiscon ...
it is illegal for any employer to order a polygraph either as conditions to gain employment, or if an employee has been suspected of wrongdoing. The Employee Polygraph Protection Act
The Employee Polygraph Protection Act of 1988 (EPPA) is a United States federal law that generally prevents employers from using polygraph (lie detector) tests, either for pre-employment screening or during the course of employment, with certain ex ...
of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening
A background check is a process a person or company uses to verify that an individual is who they claim to be, and this provides an opportunity to check and confirm the validity of someone's criminal record, education, employment history, and oth ...
or during the course of employment, with certain exemptions. As of 2013, about 70,000 job applicants are polygraphed by the federal government on an annual basis.[Taylor, Marisa and Cleve R. Wootson Jr.]
Seeing threats, feds target instructors of polygraph-beating methods
. ''McClatchy Newspapers
The McClatchy Company, commonly referred to as simply McClatchy, is an American publishing company incorporated under Delaware's General Corporation Law and based in Sacramento, California. It operates 29 daily newspapers in fourteen states an ...
''. August 16, 2013. Retrieved August 31, 2013. In the United States, the State of New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe, New Mexico, Santa Fe
, LargestCity = Albuquerque, New Mexico, Albuquerque
, LargestMetro = Albuquerque metropolitan area, Tiguex
, Offi ...
admits polygraph testing in front of juries
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England duri ...
under certain circumstances.
In 2010 the NSA produced a video explaining its polygraph process. The video, ten minutes long, is titled "The Truth About the Polygraph" and was posted to the website of the Defense Security Service
The Defense Counterintelligence and Security Agency (DCSA) is a federasecurityand defense agency of the United States Department of Defense (DoD) that reports to the Under Secretary of Defense for Intelligence.DCSA is the largest counterintellig ...
. Jeff Stein of ''The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' said that the video portrays "various applicants, or actors playing them—it’s not clear—describing everything bad they had heard about the test, the implication being that none of it is true."[Stein, Jeff.]
NSA lie detectors no sweat, video says
. ''The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
''. June 14, 2010. Retrieved on July 5, 2013. AntiPolygraph.org argues that the NSA-produced video omits some information about the polygraph process; it produced a video responding to the NSA video.[ George Maschke, the founder of the website, accused the NSA polygraph video of being "]Orwellian
"Orwellian" is an adjective describing a situation, idea, or societal condition that George Orwell identified as being destructive to the welfare of a free and open society. It denotes an attitude and a brutal policy of draconian control by pr ...
".[
The polygraph was invented in 1921 by John Augustus Larson, a medical student at the ]University of California, Berkeley
The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u ...
and a police officer of the Berkeley Police Department
The Berkeley Police Department (BPD) is the municipal police department for the city of Berkeley, California, USA.
History
Shortly after Berkeley was incorporated in 1878, a town marshal and constables were elected to provide law enforcement ...
in Berkeley, California. The polygraph was on the ''