Polygraph tests have caused a lot of controversy and have generated many myths over the years. In November 2006, A Jacksonville, Florida firefighter fought the results of a polygraph test that he says was inaccurate. The man took the test as part of an internal investigation into an incident which allegedly involved nooses being placed on his uniform. The polygraph results suggested deception, but the firefighter has always consistently claimed that he found nooses on his uniform – an act that can be seen as a hate crime or a form of harassment. Administrators of the test are defending the polygraph as a reliable tool but the firefighter and his attorney are pointing out the many documented studies that suggest the test is highly fallible.

A polygraph is sometimes called the “lie detector test” but this is a misnomer. The test is really nothing more than a way of measuring the body’s responses when questions are asked. Polygraph examiners compare physical responses to questions to see how a subject reacts to questions for which the answer is known (such as “what is your name?”) and to questions for which the answer is unclear (such as “where were you on the night of September 30?”). By comparing the two, proponents of the polygraph claim that deception can easily be uncovered, since people react physically when they lie.

Should you look to a polygraph to get answers?

There are many situations when someone may want to use a polygraph test:

• Defendants interested in proving their innocence. Defendants involved in a case do not always have hard evidence to prove their innocence. In some of these cases, voluntarily taking a polygraph test can impress on the court that the defendant has nothing to hide and is telling the truth.

• Attorneys involved in criminal trials or civil cases — and their plaintiffs. Attorneys do not always like to use polygraph tests, since the test results are not predictable. Nevertheless, polygraph test results can be used as part of the larger evidence of a case to prove guilt or innocence. Also, polygraph examiners can be called to the stand to testify.

• Banks and other businesses involved in internal investigations. Corporations running internal investigations into theft, crimes, or other workplace dangers will sometimes use a polygraph to determine whether employees are being truthful in an investigation and whether employees are loyal to a company.

• Some hiring committees. Some government agencies and companies use polygraph testing when hiring candidates. This type of screening is most common in jobs that require high-level security clearance or considerable responsibilities.

Legal issues to keep in mind

According to the Employee Polygraph Protection Act of 1988 (”EPPA”), not everyone can use the polygraph test. According to the act, employers can only ask their employees to take a polygraph test as part of an “ongoing investigation” into a case that involves business losses or financial losses to the company. The employer can only request the test of employees who are reasonably under suspicion for the crime or incident in question. Employers cannot randomly use the test to uncover theft or crime in the workplace and employees always have the right to refuse to take the test. Even in cases where a polygraph test seems to indicate wrongdoing, the test itself cannot be used to indict an employee. At most, the test can be used as part of an overall investigation or as supporting evidence.

What do businesses need to know?

Businesses interested in using the polygraph as part of company investigations need to proceed with caution. Laws protect employees and potential employees and overstepping these laws can mean long legal battles. Savvy businesses know that hiring a professional investigator to run polygraph tests or internal investigations is often smartest. A good, local investigator can run a thorough, legal check which provides real answers that can stand up in court. Now, finding such an investigator is easier than ever, thanks to the PInow.com Worldwide Directory of Private Investigators. The PInow.com Worldwide Directory of Private Investigators is a free polygraph resource, with lots of useful information. It is also a database that allows anyone to find experienced, local investigators.

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People lie all the time, and as law enforcement officials have known for a long time, when people lie, they often show it in some way. When being dishonest, some people avoid eye contact, others fidget, and others break into a sweat. Polygraph tests take this basic concept and create a measurable way of recording people’s reactions to questions. A polygraph tests respiration, blood pressure, heart rate, and skin conductivity while the subject is being asked specific questions. By comparing the body’s response to specific questions, polygraph examiners can verify the truthfulness of what a subject is saying.

Cases in which to use polygraph testing

There are a number of cases when polygraph testing is used:

• For criminal and civil cases. In some cases related to civil lawsuits or criminal trials, hard evidence is not always available – or not always enough. Polygraph testing is sometimes used to bolster evidence or to determine the trustworthiness of a witness. In many states, polygraph examiners are allowed to testify in criminal and civil cases. Police often use the polygraph in investigations across the country, but by law no one can be forced to take the test. By law, refusal to take the test cannot affect a case’s outcome.

• For pre-employment screening. Government agencies hiring employees for sensitive jobs will often use polygraph screening to select candidates.

• For issues related to homeland security. The Central Intelligence Agency, Federal Bureau of Investigation, National Security Agency, and other federal bodies charged with the nation’s security routinely use polygraphs to uncover crimes and threats against the nation.

• For commercial theft investigations. Businesses concerned about fraud and employee theft may be able to turn to the polygraph to gauge employee honesty and loyalty to the company.

• For the monitoring of sex offenders. In many states, it is now compulsory for sex offenders to undergo polygraph testing before being considered for parole or probation. In some cases, testing is also used to monitor sex offenders. Since these offenders can often re-offend without anyone learning about it for some time, polygraph testing is seen as one way to determine whether a criminal has been rehabilitated or not.

• By banks. Since bank employees often are responsible for or have access to large amounts of money and other valuables, polygraph testing is used by some to determine employee honesty and in order to run internal investigations.

Many people use polygraph testing: law enforcement agencies, the government, public defenders, attorneys, U.S. and district attorneys offices, parole and probation departments, and companies authorized under the Employee Polygraph Protection Act of 1988 (EPPA).

A free polygraph test resource for businesses

Companies wanting to use polygraph testing themselves need to proceed with extreme caution. While the test is legal, it is highly controversial and must be done completely legally. If not done correctly, a polygraph test can cost a business a great deal in legal costs and in lost reputation. To find an investigative professional who can go beyond the results of a polygraph and to find investigators experienced as polygraph examiners, businesses need look no further than the PInow.com Worldwide Directory of Private Investigators. The PInow.com Worldwide Directory of Private Investigators lets businesses look for polygraph experts in their area and even offers free polygraph resources and useful information.

About PInow.com
PInow.com (http://www.pinow.com/) is a Worldwide Directory of Private Investigators that enables law firms, corporations and the general public to find investigators anywhere. PInow.com strives to be the most trusted resource on the web to locate qualified investigators. All investigators listed on PInow.com are pre-screened and must meet specific listing requirements.

PInow.com was developed by the team that brought you the ServeNow.com Process Servers Directory (http://www.serve-now.com/).

Visit PInow.com to find investigators who can help with all your investigation needs.