Hi all, I was given a failing mark on a polygraph exam with my local police dept a couple of months ago. I'm going to challenge it in court soon, and would like to hear anyone's input on what the best strategy might be. We're challenging it saying that it's arbitrary, based on the fact that I passed every other portion of the investigation process, and the failed poly was an automatic elimination.
we're also going to reference as many laws as possible which make governmental polygraphs illegal (such as NJ and CT -- I believe it's illegal for PD's to polygraph there). Can anyone point me to concrete written laws that I can research on this? I have access to lexis nexis so I should be able to pull up any necessary laws, it's just a matter of finding them.
Last but not least, I believe my lawyer and I are going to be interested in getting an expert opinion to show to the court, obviously supporting our case that the polygraph is arbitrary and not scientific. If anyone is interested please let me know.
thanks in advance for any help -- here's a quick summary of what I'm asking:
1. suggested strategies for attacking the use of the polygraph as an auto elimination tool
2. existing laws that outlaw polygraph use by PDs
3. polygraph experts who are willing to help out with the case in any way possible
thanks again
Quote from: Mike521 on Nov 02, 2005, 03:05 AMHi all, I was given a failing mark on a polygraph exam with my local police dept a couple of months ago. I'm going to challenge it in court soon, and would like to hear anyone's input on what the best strategy might be. We're challenging it saying that it's arbitrary, based on the fact that I passed every other portion of the investigation process, and the failed poly was an automatic elimination.
we're also going to reference as many laws as possible which make governmental polygraphs illegal (such as NJ and CT -- I believe it's illegal for PD's to polygraph there). Can anyone point me to concrete written laws that I can research on this? I have access to lexis nexis so I should be able to pull up any necessary laws, it's just a matter of finding them.
Last but not least, I believe my lawyer and I are going to be interested in getting an expert opinion to show to the court, obviously supporting our case that the polygraph is arbitrary and not scientific. If anyone is interested please let me know.
thanks in advance for any help -- here's a quick summary of what I'm asking:
1. suggested strategies for attacking the use of the polygraph as an auto elimination tool
2. existing laws that outlaw polygraph use by PDs
3. polygraph experts who are willing to help out with the case in any way possible
thanks again
Mike521,
Polygraph screening most certainly is an arbitrary and capricious (not to mention stupid) method of assessing a person's suitability for employment. States that ban pre-employment polygraph screening -- even by government agencies -- include Massachusetts, Michigan, Minnesota, New Jersey, and Oregon. You'll find Minnesota's antipolygraph statute included as an appendix to
The Lie Behind the Lie Detector (http://antipolygraph.org/lie-behind-the-lie-detector.pdf). (Connecticut, by contrast, has a law
requiring that all LEOs pass a pre-employment polygraph.)
As for legal arguments against polygraphy, see the filings by Mark Zaid in the currently pending federal polygraph litigation:
http://antipolygraph.org/litigation.shtml#zaid
You'll want to cite the National Academy of Sciences report, The Polygraph and Lie Detection, which found polygraph screening to be completely invalid:
http://www.nap.edu/books/0309084369/html/
You might also contact Drew Richardson (https://antipolygraph.org/forum/index.php?board=6.0) to obtain a signed copy of his Evaluation and Opinion of CQT Polygraphy:
http://antipolygraph.org/articles/article-028.shtml
Bill Iacono (http://www.psych.umn.edu/faculty/iacono.htm) at the University of Minnesota provided a supporting statement in the federal polygraph litigation, and might be willing to provide a similar statement for you. See also his article, "Forensic 'Lie Detection': Procedures Without Scientific Basis":
http://antipolygraph.org/articles/article-018.shtml
You might also contact darkcobra2005 (https://antipolygraph.org/forum/index.php?board=6.0) and nonombre (https://antipolygraph.org/forum/index.php?board=6.0). They are polygraph examiners (the former with some 20 years of experience) who have expressed the progressive viewpoint that applicants for employment should not be disqualified based on polygraph results alone. Perhaps they would be willing to provide supporting affidavits.
Thanks so much, I'll gather all of those materials and contact everyone I can. I'll let everyone know how it turns out.
my attorney said it's an uphill battle, but not totally unwinnable
Mike,
If the department required you to sign a liability waiver (not just a consent form) before taking the polygraph, but required no such waiver for other portions of applicant testing (for example, a urinalysis test), this would indicate that the department knows there is a problem with polygraphs.
Mike,
Good Luck man, I'm praying for ya! Hopefully, if you win, it will tighten polygraph laws, or hopefully abolish the malpractice.