FAQs:

I'VE HEARD POLYGRAPH ISN'T ALLOWED IN COURT, IS THIS TRUE?

The general rule in Indiana, as well as in most states, is that even in a criminal examination, tests results ARE ALLOWED when a specific agreement has been reached by the defendant, his attorney and the prosecuting attorney to have the examination results introduced into evidence. Prosecutors often reconsider the advisability of prosecuting a case when the defendant has successfully passed a polygraph test on the issue in question when the exam has been administered by a reputable examiner.

Polygraph examinations are routinely ordered by the court in clinical sex offender monitoring programs, and negative results can be the basis for a probation violation.

Case law has allowed test results in Indiana regarding civil cases and administrative hearings.

IF THE EXAMINATION RESULTS ARE ALLOWED IN COURT, DOES IT MEAN THEY ARE INFALLIBLE?

Not at all. Infallibility has never been found in any science which deals with human beings. Polygraphs record physiological responses to a series of questions presented to an individual by a qualified examiner using validated testing formats. The examiner is then able to decipher the chart tracings which make up the Polygram and render a diagnostic opinion as to the veracity of the subject being tested. When there is the slightest doubt of the validity of the test results, the examiner will recommend a re-examination or will report the test as “inconclusive” or “no opinion.”

I'M TELLING THE TRUTH BUT I'M NERVOUS. HOW DOES THE INSTRUMENT TELL THE DIFFERENCE BETWEEN LYING AND NERVOUSNESS?

A reasonable amount of nervous tension is perfectly normal. It will not be mistaken for deception. A truthful person may be nervous because he or she may be afraid of the unknown. An untruthful person may be nervous because of what he or she knows to be true. Nervousness is normal and it does not prevent the examiner from distinguishing between truth and deception.

I HAVE HIGH BLOOD PRESSURE WON'T THAT LOOK LIKE I'M LYING?

High blood pressure does not cause the characteristic pattern of a person who is untruthful.

WHAT IF I FEEL RESPONSIBLE FOR A CRIME AND FEEL GUILTY ABOUT IT EVEN THOUGH I KNOW I DID NOT DO IT? WON'T IT SHOW UP AS LYING ABOUT IT?

Feeling responsible is not the same as being responsible. Proper questions by a trained competent polygraph examiner resolve any misgivings about this.

SUPPOSE THE POLYGRAPH SAYS I'M LYING WHEN I'M NOT?

The polygraph merely records on a chart human body psychophysiological reactions to the questions asked. It is up to the examiner, who is highly competent in this field, to interpret the information your body provides. THE INSTRUMENT MERELY PRINTS THE MESSAGES YOUR BODY TRANSMITS AND THE EXAMINER READS THOSE MESSAGES.

WILL THE EXAMINER TRY TO TRICK ME BY ASKING SURPRISE QUESTIONS?

Certainly not. No trickery is involved, no surprise questions are asked. You will know every question that will be on the test because ALL OF THE QUESTIONS ARE REVIEWED WITH THE PERSON TESTED to clear up any confusion or misunderstandings. The test requires only “yes” or “no” answers.

I HEARD THE EXAMINER WILL ASK EMBARRASSING QUESTIONS ABOUT SEX HABITS, IS THAT TRUE?

Questions concerning sex habits have no place in a polygraph examination UNLESS SEX IS THE RELEVANT ISSUE OF THE EXAMINATION.

HOW LONG DOES AN EXAMINATION TAKE?

The time factor depends on several variables such as the type of offense or the issue or issues to be explored, as well as the complexity of the circumstances. A typical examination at Mindsight Consultants ranges anywhere from two to three hours but some examinations have extended beyond that.

Basically, there are four parts to the examinations process. The first part is what might be called “the paperwork part.” The tested individual will be asked to fill out data gathering process that is absolutely essential.

The second part is known as the “Pretest Interview.” This is often the most important part of the entire test process in the pretest interview, for the validity of the procedure hinges on how thoroughly and how effectively it is conducted. It is a time when the individual to be tested can get used to the sound of the examiner's voice and in exchange, the examiner learns information about the individual who is to be tested. It is in this part where the information about the issue or issues to be tested are discussed. Obviously, obtaining all of the subject's knowledge of the case not only assists the examiner in developing questions but also determines the type of test that can be employed for the greatest benefit to the examinee. It is here where the testing process is explained in further detail to the subject to be tested in common language. A general explanation of the physiologic bases of the test is provided.

The third part is the examination itself. In the testing process, simple attachments are placed upon the person to be tested and questions that have been developed together with the examinee and examiner are asked. Questions are structured in such a way so as they can be answered either by “yes” or by “no.” The amount of questions depends upon the type of examination format that will be used and the issue to be tested.

The fourth part is known as a “Posttest Interview.” It is what the name infers; an interview after the test is completed. After the charts have been scored and a determination of the test outcome is made, a discussion may be held with the tested interview regarding these results.

In regard to polygraph test outcomes, it is first dependent upon the test design and purpose. If the test score indicates the individual has been truthful to those relevant questions that were asked on the test, the determination is called “NO DECEPTION INDICATED” (NDI), or in a multiple issue test “NO SIGNIFICANT REACTION” (NSR). If the test score indicates the subject has not been truthful, the designation is “DECEPTION INDICATED” (DI), or in a multiple issue tests “SIGNIFICANT REACTION” (SR).

There is a third outcome given to all scientific testing that is designated as “INCONCLUSIVE” or “NO OPINION.” An inconclusive interpretation indicates that after the examination computation was completed, the subject's test scores were insufficient to formulate an opinion of either truthfulness or deception. This is the only classification available to an examiner in such cases. Inconclusive determinations are rare in the polygraph community but not totally uncommon. A scientific numerical scoring evaluation as mandated by professional standards and validation studies is employed that contains a conclusive table requiring a high truthful or deceptive score be attained before a definite conclusion can be rendered. This inconclusive area, as in all scientific testing, is designed to prevent false positive or false negative conclusions, so that conclusive results will enjoy exceptionally high validity and reliability.

DOES THE TEST HURT? WILL I GET AN ELECTRICAL SHOCK? WILL I GET STUCK WITH NEEDLES?

The quick answer is “no.” There is no possibility of you getting an electrical shock of any kind. There are no needles involved in the process, no form of skin penetration what so ever. Simple attachments are placed on the person that measure psychophysiological reactions. These attachments include hollow tubing that is placed upon the thoracic portion and the abdominal area to measure respiration. The surface of the subject's skin is measured by two small adhesive patches that are comfortably attached to a hand and a blood pressure cuff like the one used in medical examinations is attached to measure the subject's cardiac activity. A recent innovation to the cuff is the development of a thumb cuff which is practically undetected in contrast to the former arm cuff as in a medical examination which requires some pressure to accurately record.

HOW ACCURATE IS THE POLYGRAPH?

Tests conducted by the United States Department of Defense scientists report a specific issue examination, using a validated examination format, report an accuracy range from 93% to 98% accurate. This study has been replicated by other laboratories that have achieved these same results with some independent studies that have suggested even higher scores.

Studies published in the Journal of Forensic Sciences report researchers assessed the utility and validity of the polygraph technique in comparison to fingerprint identification, handwriting analysis, ballistics, serology and eyewitness identification with the following results:

POLYGRAPH 95%

SEROLOGY 85%

BALLISTICS 76%

HANDWRITTING 72%

FINGERPRINTS 59%

EYEWITNESS 54%

Since 1980, the compendium of research studies that encompassed 80 research projects involving 6,380 polygraph examinations and 12 studies of the validity of field examinations following 2,174 field examinations now indicate an average accuracy for single issue polygraph examinations of 98%.

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Mindsight Consultants · Email: polygraphpro@mindsightconsultants.com

1912 E. US Highway 20, Suite 202 · Michigan City, Indiana 46360-7597 · PHONE: 219-873-9134 · FAX: 219-874-0122