NCJ Number
167478
Journal
Federal Probation Volume: 60 Issue: 3 Dated: (September 1996) Pages: 54-59
Date Published
1996
Length
6 pages
Annotation
This article examines use of the polygraph by probation officers and others in the correctional field.
Abstract
Polygraph surveillance of probationers began in Oregon in 1973. Soon afterwards the propriety of such a condition of probation was being litigated in the courts. The polygraph currently is being used as a tool in the supervision of probationers in various local jurisdictions in Arizona, Colorado, Texas, Oregon, and Florida. In most courts polygraph results are not admissible as evidence unless agreed to by both parties to a civil or criminal proceeding. Concerns about fifth amendment rights not to incriminate oneself as a result of being polygraphed while on probation have been considered by a number of courts. A polygraph requirement as a condition of probation has been held to be no greater an intrusion than the provision that those on probation must truthfully answer all reasonable questions posed to them by their probation officer. The polygraph appears to be a relatively minor intrusion into the privacy probationers may expect. However, the question of how far this intrusion would go is one of a number of issues that must be resolved before use of the polygraph by probation officers and other corrections officials becomes widespread. Notes