Procedural Question for Polygraph Examiners

[George W. Maschke]

Suppose in a stipulated, specific issue polygraph examination done for evidentiary purposes in an administrative matter, the polygraph examiner performs the following steps:

1. Turns on video camera and states the date and the allegations that form the relevant issue for the examination as examinee signs consent form (examinee is aware that the session is being recorded);

2. Asks biographical questions;

3. Begins "setting" control questions;

4. Reviews the questions that will be asked during the in-test phase (relevant, irrelevant, control, and symptomatic);

5. Explains what the various polygraph attachments are for;

6. Instructs examinee to go to restroom and wash hands with warm water;

7. Places polygraph attachments on examinee after he returns;

8. Instructs examinee to write a number on a sheet of paper (for stim test);

9. Lets polygraph instrument run and asks a simple arithmetic question;

10. States, "The last thing I want to do is..." and proceeds to question subject (with polygraph attachments connected) for about three minutes regarding incident that led to the polygraph examination;

11. Continues with the stim test and tells examinee he reacted strongly to the number he wrote;

12. Collects charts;

13. Turns off video camera;

14. Post-test phase is not recorded.

My questions concern steps 10 and 13. With regard to step 10, is it appropriate to question a subject about the incident that led to the polygraph examination at this stage in the process? Why or why not?

With regard to step 13, is it appropriate to turn off the camera at this point in the examination? Why or why not?

[1904]

In my country's legal system, Q10 would lead to the examiner being accused of bias
against the subject. The examiner should merely introduce himself; ask the subject
if he had been advised as to why he is being tested. If subject answers 'No' then tell
him what the issue is and not discuss reasons why / why not wherefore etc.

In a similar vein, if the cam is switched off for Q13 - the PT interview, our courts would
throw out the entire evidence (if they elected to hear it in the first instance ). To do
so (switch off ) suggests prejudice and bias against the examineee that the examiner did
not wish to produce in a public forum - therefore examinee must be given benefit of doubt
that the examination was biased against him from the outset.

[George W. Maschke]

1904,

Thank you for sharing your views on this situation. Quite frankly, I do not understand why a polygraph examiner would in good faith question a subject about the relevant issue as described above, and I would be interested in hearing from any other polygraphers regarding this. It would seem that such questioning would tend to increase the likelihood of the examinee failing the exam. Does anyone disagree?

Regarding terminating the recording before the post-test phase, this practice is implicitly endorsed by the American Polygraph Association, whose Standards of Practice state:

3.9.9 An audio/video recording of the pretest and in-test phases is required to be made and maintained as part of the examination file for as long as required by regulation or law, but for a minimum of one year for all evidentiary and paired-testing examinations.  Audio/video recording is recommended for PCSOT examinations

Why exclude the post-test interview/interrogation?