NCJ Number
226982
Journal
Polygraph Volume: 38 Issue: 1 Dated: 2009 Pages: 50-56
Date Published
2009
Length
7 pages
Annotation
This paper discusses question formulation for polygraph testing, followed by a listing of specific guidelines.
Abstract
The guidelines address relevant questions, probable lie control/comparison questions, irrelevant questions, and the wording of peak-of-tension and guilty-knowledge tests. Following the listing of the guidelines, the paper summarizes three legal cases in which polygraph question formulation was an issue. In United States v. Lech, 94 Cr. 285, 895 F. Supp. 582 (U.S. District Court SD NY, 1995), the judge refused to admit the results of a polygraph exam, holding that “the jury would receive evidence showing Lech’s personal belief that he did not violate any Federal criminal statute, but would not receive any information that would assist its inquiry to find facts.” In a footnote, the judge indicated the outcome might be different if a defendant sought to introduce answers “to an exam where he or she completely denied any connection or involvement” with the alleged crime. In a second case, Hester v. Milledgeville, 777 F.2e 1492 (11th Circuit, 1985), the eleventh circuit overruled a trial court’s conclusion that the use of control questions was a violation of the constitutional right to privacy. The appellate court held that the city’s interest in using control questions improved the accuracy of the polygraph test, and the specific control questions at issue constituted only a limited intrusion into confidentiality. In State v. Stowers, 580 S.W.2d 516 (Mo.App. 1979), the defendant appealed a conviction for forcible rape. The results of a stipulated polygraph examination had been admitted, and on appeal, the defendant complained that one question on the exam contained inaccurate information, which should cast doubt on the reliability of the whole test. The appellate court said the minor geographic inaccuracy was sufficiently proximate to the crime not to invalidate test results. 35 references