Polygraph testing

Polygraph testing is sometimes referred to as lie detection as a term of convenience. It is a standardized, evidence-based test of the margin of uncertainty or level of confidence surrounding a categorical conclusion of truth-telling or deception

Polygraph testing is both a preventative measure and an investigative tool. We’ll help you vet prospective employees or find out what you’re not being told. It’s quick and affordable. Polygraph examinations, like other scientific and forensic tests, can take the form of either diagnostic tests or screening tests. Confessions are easier to get than with normal questioning/interrogation methods.

 

Screening tests

Include all tests conducted in the absence of a known incident, known allegation, or known problem.

• Pre-employment polygraph testing can expose undetected previous workplace crimes for which no paper trail exists. Now it’s easier to make safe hiring decisions. Uncover traits which could jeopardize your business. Pre-employment polygraph testing can reveal substance abuse, financial problems, and qualification fraud etc

• Periodic polygraph testing is a preventative measure. It reduces theft and fraud by identifying compromised individuals and reveals the people who deserve your trust. It’s your psychological shield against greed, corporate malpractice, and the probing intentions of criminal syndicates.

• Domestic polygraph examinations help you save relationships worth saving, and cut ties where suspicions are justified. Whether you suspect your domestic worker of theft, a family member of drug abuse, or a spouse of infidelity, we’ll help you back on the road to domestic bliss.

 

Diagnostic polygraph testing

Diagnostic examinations involve the existence of a known problem, in the form of symptoms, evidence, allegations, or incidental circumstances that suggest an individual may have some involvement, for which the examination results are intended to support a positive or negative diagnostic conclusion

• Diagnostic polygraph testing differs from other examinations because questioning is incident-specific. It gives you a chance to uncover hidden truths, find out which witness or suspect statements are likely to be deceptive and speed up your investigation toward a successful close.

The analytic theory of polygraph

The analytic theory of polygraph testing is that greater changes in physiological activity are loaded at different types of test stimuli as a function of deception and truth-telling in response to relevant target stimuli.

Polygraph in the workplace

 

A polygraph is an investigation tool and the examiner could make or break it. Case law did open polygraphs however the process must be followed, and proper registration is essential.

The use of a polygraph test, commonly referred to as a lie detector test is currently unregulated in South Africa. Caselaw, the law as established by the outcome of former cases opens the submission of polygraphs.

The main concern is that constitutional, legal, and ethical standards in the treatment of employees should be guarded, while at the same time not losing sight that employers also have the right to protect their property.

As it is a specialized field the polygraphist is an expert witness whose evidence needs to be tested for reliability. For this reason, stick guidelines as published by the American Polygraph Association (APA) and South African Polygraph Federation (SAPFED) must be followed by the examiner.

According to Truworths Ltd v CCMA and Others (2008) JOL 22565 (LC) The Commissioner cannot disregard polygraph evidence but has the discretion to determine the weight of the evidence as with any other evidence presented.

 

Findings include:

• the employer has the right to dismiss an employee whom it can no longer trust provided there are reasonable grounds for such loss of trust based on the actions of the employee.
• the employer had reason to request a polygraph examination as a result of suffering a substantial financial loss.
• an employer has a right in circumstances of such loss to exert some pressure on employees to cooperate in the investigation of the misconduct or crime.
• granting of the option of a re-examination may be a show of good faith by the employer.
• the polygraph examination phase was an integral and crucial part of the investigation.
• the advance notification in writing of the examinees of the intention of the employer to institute a polygraph examination as part of the investigation was seen to be fair.
• the procedure was not viewed as an unfair labor practice nor as an infringement of the fundamental rights of the examinee.
• the procedure underscored the fact that the examination was considered voluntary.

 

The following aspects must be considered:

1. The importance of the fact that all persons who had reasonable opportunity had access must be asked to submit to polygraph examination, are clear
2. Failure of a polygraph examination, administered by a professional examiner could arouse a suspicion of culpability.
3. Failure to submit to a re-examination could also be construed as a contributing factor in the strengthening of a suspicion.
4. The usage of internationally trained and accredited polygraph examiners employing scientifically validated techniques can lead to an accurate finding concerning a person’s truthfulness. It is important, however, that these decisions must be taken objectively and that the polygraph findings must always be utilized as a basis for decision-making within the context and specific dynamics of a specific case.
5. If the polygraph is not employed correctly within an organization and if the results are not utilized responsibly by management, there is enormous scope for the misuse of the polygraph. The wrongful application of polygraph technology can have devastating effects on the lives of the persons involved.
6. It is therefore of utmost importance that management must not develop “polygraph myopia.”
7. For the polygraph to be applied sensibly and ethically, it must always be bear in mind that the polygraph is only a means to an end and not an end. It is an investigative tool that is best utilized as part of a broader investigative process.
8. It must be emphasized that the polygraph does not always reveal the whole truth, as it sometimes only deals with a small dispute point in a broader issue. Proper investigations combined with the polygraph remain the only way of obtaining the complete truth in most investigations.

 

If a company considers the introducing of polygraph findings as evidence in disciplinary proceedings, there are certain very important prerequisites:

1. The polygraph examiner utilized must be a person that received international training and the examiner must be a member of the American Polygraph Association.
2. Every employee who had reasonable access and opportunity to commit the offense under investigation must have been offered the opportunity of a polygraph examination.
3. It must have been proven that there was at least some inside involvement in the incident under investigation.
4. It is important that the process concerning the implementation of the polygraph must be fair, reasonable, and without any discrimination or bias.
5. An impartial and independent polygraph examiner must be utilized.
6. Scientifically validated techniques must be utilized in a distraction-free environment.
7. The examiner must have acted within the constraints of the American Polygraph Association’s Code of Ethics and Standards and Principles of Practice.

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