posted 02-02-2008 08:33 AM
Ted,I've tested people who've used CMs and then didn't use CMs after they admitted and debriefed themselves.
Its odd, but it can work.
Here is a link to some data from a smart gentleman who has a very high level of knowledge about the polygraph and countermeasures.
http://www.raymondnelson.us/qc/111304.html
The more interesting question to me would be: is it necessary to retest him if he had passed (without CMs).
In the medical profession, if one gets and x-ray or blood test for a doctor, and then switches to a different doctor, one simply sends the x-rays or blood test results to the new doctor. That is, if they are of any usefulness. Similarly, in psychology, if one completes an neuropsychological evaluation on a drunken airline pilot, to determine and treatment needs before he returns to work, we would send the evaluation to multiple treatment providers without repeating all of the testing. On the other hand, if the evaluation was not helpful (i.e., could not achieve a clear diagnostic impression or treatment recommendations), then further testing might be in order.
So, this situation might be one of whether he has yet made any disqualifying admissions, and perhaps a situation of how many times he's attempted to defeat the test results with CMs. Persistence of CMs, after debriefing his past CMs, might be diagnostic.
Ethics is a matter of: 1) what bad things happen, and 2) what ethical declarations must we follow.
Utilitarian or consequential ethics (upon which our communities and legal systems seem to be built) state that the evaluation of "bad" is a matter of how much bad stuff and how many people that bad stuff affects. So, even though it might be bad for him, if he's made disqualifying admissions, or is otherwise unsuitable for LE work, it might be "good" for the larger agency and community to disseminate the information.
Deontological ethics states that we have some duty or obligation to each person with whom we deal, and that it is not OK to do bad things to anyone. (Aside: helping criminals take responsibility and stopping them from further harm to the community is "good" for them.) One might argue that it violates his right to participate in the application process and the second agency. One might also argue that he has an expectation of confidentiality around his polygraph, with the exception of stipulated persons or agencies to whom he has authorized the release of information (assuming no waiver of such confidentiality).
Which brings us to declarative ethics, or professional ethics. If there are administrative policies that dictate the dissemination of such information, then it is entirely ethical to do so. In the absence of such policies, the general ethical principle of confidentiality around testing might be worth considering, even if it is not explicitly declared.
I have two exams from some recent experience with a CM savvy subject.
stat,
The Oprah pic is giving me a cavity.
r
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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)