| When are polygraph examinations given?
Law Enforcement and Other Government
Agencies For nearly a century, law enforcement agencies have used the polygraph instrument or a form thereof in the early days of polygraph, as an investigative tool. Polygraph examinations can be used as a tool to determine the accuracy of information from cooperating witnesses, suspects and from victims when appropriate to allow the agency officials to focus their resources on information believed to be reliable. Polygraph examinations are also used as a tool during pre employment screening of applicants desiring to work for a law enforcement or government agency. The polygraph instrument can also be used as a tool in conjunction with an investigation to maintain the integrity of law enforcement agencies and other governmental agencies. During internal investigations within an agency, those in positions of public trust may themselves request to submit to a polygraph examination to reveal their honesty regarding an issue, or the agency officials who are the focus of the investigation may be asked to take a polygraph examination. These polygraph examinations can either indicate an officer or public employee is being truthful in their statements about the issue under investigation or can detect deception and indicate avenues for further explanation. How Organizations Become Corrupt Regulatory governmental agencies that issue licenses to regulated industries may request applicants to submit to a polygraph examination when the agency believes that fraudulent documents have been submitted to the licensing authority. Polygraph examinations may be used in cases where business arrangements of the applicant are suspect. For example, if one is disqualified and is ineligible to receive a license, the disqualified person may apply for the license with another individual’s name and information, and attempt to use this fraudulently obtained license in the operation of the business. If the polygraph examiner determines that the examinee is truthful in his or her answers to questioning related to the documents submitted to the agency, then the agency can make a determination in issuing a license. If applicants show deception then the licensing authority can direct its investigative resources on these cases and investigate further the business of these applicants in the areas of suspected fraud. Prosecutors may take into consideration the results of polygraph examinations. A prosecutor has nothing to lose, and a great deal to gain, by offering a criminal suspect a polygraph examination with the understanding that the results will be "considered" in making a charging decision. In the event the suspect is reported as telling the truth, the prosecutor should seriously review the evidence against the suspect and consider the possibility that the police misinterpreted evidence or overlooked other possible suspects. This is especially true when the evidence against a defendant is circumstantial or based on an eyewitness or victim's account. A prosecutor has a responsibility not only to the crime victim but also to make every reasonable effort to not charge an innocent person with a crime. A polygraph examination, when conducted by a competent examiner, offers highly accurate results which, in most cases, support the police investigation. In those instances when a defendant does produce truthful polygraph results, the prosecutor should reevaluate the evidence or strongly consider the probability that the defendant is innocent. In cases where a victim's statements are suspicious or as a result of a suspect being truthful in a polygraph examination, and where not prohibited by law, a prosecutor should consider asking the victim to take a polygraph examination. In addition to pre-trial applications, polygraph results are used with increased frequency in pre-sentence investigations and as a condition of probation. Attorneys utilize the polygraph instrument and the results of polygraph examinations. Once a defendant is represented by counsel, especially in a serious offense, it is common for the attorney to ask his or her client to take a private polygraph examination. If the results of this examination indicate deception, the prosecution rarely learns of this and, in fact, the entire examination results are protected from pre-trial discovery through the work-product rule. However, if the defendant produces truthful results, the prosecuting attorney is among the first to be informed. If an attorney’s client is determined to show signs of truthfulness during the polygraph examination, the prosecuting attorney may request a copy of the examiner's written report to determine exactly what questions were asked of the defendant. The questions asked of the defendant should directly address the issue under investigation and not allow for rationalization or specific denials. The prosecutor may also review the test structure, perhaps with another polygraphist, to determine if the test was conducted properly based upon the standard guidelines and procedures that must be followed for each type of examination given. If there is a question with regards to the original polygraph results, the defendant could be requested to submit to a second examination under the scrutiny of the prosecution, or the prosecutor could arrange for a second examiner to evaluate the subject's polygraph charts to check the reliability of the first decision. Domestic / Relationship and Fidelity
Testing Relationship issues are commonly resolved with a polygraph examination. A polygraph examination can be used to objectively make a determination as to the truthfulness of one’s reported background, such as sexual history, drug or gambling habits. Examinations are also administered when it is suspected that one or both of the partners have had sexual contact with anyone besides the other partner. Employee Theft / Monetary Loss
to Employers Private businesses may request that an employee submit to a polygraph examination under the restrictions and limitations of the Employee Polygraph Protection Act of 1988. An employer is able to request that an employee take a polygraph examination, but the employer is restricted as to when this request can be made, and certain requirements must be met before such a request is made. First, the only form of a lie detection instrument that an employer may request be used is a polygraph instrument, excluding anything such as voice stress analysis equipment. There must be a specific economic loss or injury to the employer’s business, such as theft. The employer must be able to document that the employee had access to the object in question resulting in the economic loss or injury, and the employer must have reasonable suspicion that the employee was involved in or assisted with the incident or activity under investigation which resulted in the economic loss. The employer is required to notify the employee in writing at least 48 hours prior to the polygraph examination, informing the employee of the specific incident that is being investigated that resulted in a specific economic loss or injury to the business. This written statement to the employee must also indicate that the employee had access to the property that is the subject of the investigation, and describe the basis of the employer’s reasonable suspicion that the employee was involved in the incident or activity under investigation that resulted in economic loss or injury to the employer. This form must be signed by both the employer and the employee, and retained by the employer for at least three years. Integrity Resources LLC will require a copy of this form before administering a polygraph exam. It is recommended that you read the regulations pertaining to the Employee Polygraph Protection Act, as well as consult with your attorney, prior to asking an employee to take a polygraph examination. There are additional exemptions in the Employee Polygraph Protection Act that apply to employers whose business is to manufacture, distribute or dispense controlled substances, in addition to those exemptions allowing pre-employment polygraph testing for prospective employees of such businesses. Current employees may be asked to take a polygraph examination in connection with an ongoing investigation pertaining to a theft of drugs or diversion of drugs. The requirements for an employer to request an employee take a polygraph examination are less stringent when the business is registered under the Controlled Substance Act, and the loss or potential loss includes a controlled substance. If you are a business owner and would like to develop a better understanding of what is required prior to requesting an employee to submit to a polygraph examination, please call or visit the following links:
Polygraph examinations are commonly used as a pre-employment screening tool for applicants desiring to work for law enforcement and government agencies, as well as those private businesses that fall under the exemptions of the Employee Polygraph Protection Act. It is the responsibility of those employing law enforcement personnel to maintain the integrity of the agency and its employees, and to maintain a professional image. With authority comes responsibility and accountability. Law enforcement agencies are entrusted by their citizenry to confirm that police applicants are not criminals or illegal drug users, or have a propensity for dishonesty. Society only wants those members of the public who are honest and possess high standards and integrity to serve in positions of public trust. The courts rely on police officers’ testimony in taking property and freedom from citizens, and truthfulness on the part of police officers is imperative. Dishonesty and deviant acts cannot be tolerated within law enforcement and other government agencies, or any business for that matter. In dealing with lies or deceit, the public’s trust and confidence is sorely undermined, which is essential to the agencies’ ability to fight crime and serve the community effectively. If an applicant’s propensity for dishonesty is found before the applicant is hired, there is a good indication that problems will arise should the person be hired. The best indicator of future performance is past performance. The polygraph examination can uncover these areas of dishonesty, and promote honesty among future applicants who have knowledge that the information they provide on their application paperwork is subject to verification through the polygraph technique. The Association of Certified Fraud Examiners (ACFE) estimated that 6 percent of total revenues are lost annually as a result of occupational fraud and abuse, costing the U.S. economy over $600 billion. This includes asset misappropriations, corruption and fraudulent statements. Twenty percent of all resumes contain fraudulent information such as omitted employers or extended dates of employment, misleading academic credentials or false certification information. Certified Fraud Examiners were asked in a recent study to rank eight fraud prevention methods according to their perceived effectiveness. Ranking second on the list was background checks on new employees. Finally, in a recent study of over 1,000 cases of identity theft, it was determined that the victim’s identity was originally pilfered by a company employee in 50 percent of the cases, and is suspected in 20 percent more (as high as 7 out of 10 cases). Most opponents to pre-employment polygraph examinations believe that the person taking the polygraph examination is under duress, and they claim the procedure is an invasion of privacy. Those under any alleged duress during pre-employment polygraph screening are those who falsified their employment application or who are hiding one or more recent past wrongs and fear detection. Those who have been untruthful at some point during their application process are the ones who experience duress, and any alleged duress is of their own making. When a subject completes an employment application, and submits it to a prospective employer, he or she automatically opens the information he or she has freely given to inquiry and verification, and it is reasonable to assume that all of the information provided will be evaluated and verified by any legal available means. The subject no longer has any claims to real or mythical privacy. Polygraph examinations are based on well established principles to verify the content of a person’s own employment application and previous work history, and on areas related to that applicant’s criminal history. Polygraph examinations help the background investigators pinpoint problem areas. There are specific exemptions in the Employee Polygraph Protection Act that allow for businesses to request that prospective employees take a polygraph examination. One exception applies to Federal, State and local governments, because the government is exempt from the Employee Polygraph Protection Act. This exemption allows government agencies, including law enforcement agencies, to request prospective law enforcement officers and other government employees to submit to a polygraph exam. Another exemption allows for employers authorized to manufacture, distribute, or dispense controlled substances to request that prospective employees take a polygraph examination when those prospective employees will have direct access to controlled substances. There are also specific exceptions allowing polygraph examinations to be given to prospective employees of private businesses who provide certain exempted security functions. Any private employer whose primary business (50% or more of the business’s tasks) consists of employing and providing armored car or security personnel, including security alarm system personnel, and whose functions includes protecting specified facilities or assets, can request prospective employees to take a polygraph examination. The prospective employees must be “employed to protect” such exempted facilities or assets listed in the regulations pertaining to the Employee Polygraph Protection Act. Prior to asking any prospective or current employee to take a polygraph examination, become familiar with the Employee Polygraph Protection Act, and consult your attorney. Polygraph examinations have been used for the treatment and monitoring of post-convicted sex offenders during their parole and probation periods. Treatment programs require the administration of initial and periodic polygraph examinations for the purpose of verifying treatment compliance, and identifying parole violations and recidivism. Click here to write a description of your situation, and we will work with you to determine if our services may be beneficial to you. There are a number of situations where a polygraph examination can prove useful. Insurance companies may request a polygraph examination to be administered to one suspected of insurance fraud. Do you have a roommate that you suspect of theft? Are you a parent with concerns about your son or daughter’s activities? Do you have a business relationship concern or dispute? Do you want to reveal to someone that you are being truthful about an issue of concern? Are you running for office and attempting to resolve issues that have been brought up during the election campaign? << Home |
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Summary of Employee Polygraph Protection Act (EPPA) Requirements
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