Two applications of polygraph in a criminal investigation

Diagnostic Application
The goal of this application is to seek the successful determination of truth or
deception. This requires the services of an expert examiner with considerable
training and education. He must carefully construct questioning techniques that can
help provide scientific analysis of data. Results of this kind of test have also been
admitted as evidence in court.

Interrogatory Application
This kind of application is less concerned with the issue of truth, and usually
seeks a confession of wrongdoing from the subjects. Essentially, in this application,
the examiner uses the polygraph to induce sufficient fear in the subject so that his
only recourse from emotional anguish is to confess his act. However, these have
been frequently ruled out as inadmissible in court not unless the confession is in the
presence of his lawyer.

Responsibilities of the investigator to the examiner

The investigator must always consult the examiner whether polygraph test is
needed. The former should also check with the latter regarding related concerns,
such as the definite areas to be resolved for each subject through the test, the
process of selection, fitness of the subject, and appropriate schedule for the test.
The investigator must not wait until the last minute after all investigative methods and
techniques had failed and only use the polygraph test as a last resort.
In addition, the investigator should not conduct the test to bolster the
evidence submitted to the court. This only manifests his doubt as to investigative
findings of guilt on the part of the accused. Such doubt can be advantage to the
accused. And in numerous instances, the opinion of the examiner is accepted by the
court in favor of the defense rather than for the prosecution. To sum it up, the
investigator should thoroughly examine the case before seeking assistance from the
polygraph examiner.

Responsibilities of the examiner to the subjects

In conducting the test, the examiner should be morally responsible to his
subject. The examiner should learn enough about the polygraph so that he talks
openly and freely to the subject about the test should proceed, especially since the
subject often know little about the test. The examiner should not disclose the details
of an offense, which may be utilized in the application of a PTA or PTB test, but
suggest the test as a means through which a subject can prove his innocence.
 At the same time, the examiner should inform the subject about the test’s
ability to indicate truth or deception through the recorded responses. He should also
assure the subject that the examiner is qualified and impartial to all persons involved
in the case. He should also avoid any claim for the instrument or examiner that is not
backed up by facts.

Employment and security screening

The purpose of pre-employment screening is to determine whether or not a
candidate is being truthful regarding his/her job application form. Any indication of
deception can lead to an applicant’s disqualification.
In our country, there are also companies (especially those who manufacture
an IT part, mining companies, and the Philippine banks that resort to pre-
employment screening in their hiring process or in the promotion of employees.
Those big companies often have their own polygraph machines and certified
examiners trained under refutable agency. These examiners, however, are only
trained to conduct pre-employment screening and no other tasks.

Clinical setting
There are three classifications, of clinical testing, the details of which are
presented below
1. Disclosure testing
In this classification, the examiner aims to gather information about a
subject’s sexual history and current offense being investigated, allowing him to
perform an assessment.
Sexual history – the sexual history test is administered to evaluate the candor
of the offender in completing the treatment provider’s sexual history form. Such
inquiry is limited to four specific areas, and should not deal with historical
behaviors prior to and excluding the current offense.
Current Offense – Testing over the current offense usually involves a
subject’s denial issues, generally, offenders enter treatment at the direction of the
court and have not accepted responsibility for their actions. In some cases, denial
maybe real and the offender actually did not commit the act as charged. Other
denial issues involve admission of some acts and denial issues involve
admission of some acts and denial of others. These tests are generally limited to
two of three relevant questions.
 Assessment test – assessment tests are often used to assist in determining a
subject’s risk to the community, amenability to treatment, and extent of the
offense being investigate. These tests are usually limited to four relevant
questions.

2. Maintenance testing
A maintenance test is periodically administered (e.g., given every four to six
months) to ensure one’s compliance with probation and parole requirements and
treatment contracts, as well as for identifying the re-offending subject. Maintenance
testing can be best described as an artificial conscience. This is because offenders
who are re-offending are identified immediately and then subjected to corrective
action.

3. Specific test
A specific issue test is given when scientific problems occur. These problems
could involve the use of illegal drugs or allegations of re-offense. This type of test is
narrowly defined and only deals with a single problem or issue.