POLYGRAPH EXAMINATION

LEARNING OBJECTIVES: Define the commonly used terms in the field of polygraph examinations. Discuss the use, purpose, capability, and limitations of the polygraph instrument as an investigative aid. Explain the legality of the polygraph, the polygraph technique, the responsibilities of the investigator and the polygraph examiner, the value and most effective uses of the polygraph, and practices that are either prohibited or detrimental to polygraph use.

Conditions under which polygraph examinations may be conducted within the Department of the Navy are set forth in Polygraph Examination and Examiners, SECNAVINST 5520.4. This instruction contains requirements for selection, training, and supervision of polygraph examiners. The Department of Defense (DOD) policy, with respect to the use of non-DOD administered polygraph examinations, directs that such examinations not be accepted in lieu of an examination conducted by a federal polygraph examiner. Instructions in the technical operation of the polygraph instrument or the evaluation of results obtained through its use will not be provided in this manual.

DEFINITIONS

The following commonly used terms are those with which you should be familiar in the field of polygraph examinations.

Polygraph- An instrument designed to continuously record the occurrence of physiological phenomena of the human body on a moving chart. All Navy polygraph instruments, as a minimum, record pulse and blood pressure variations, respiration rate and relative volume, and changes in skin resistance.

Polygraph examination- A series of questions prepared by the examiner, appropriate to the matter under investigation and asked of the person being examined

Authorizing representative- The Director of the Naval Criminal Investigative Service or an authorized representative.

LEGAL STATUS

The polygraph examination is an aid to investigation. Under departmental regulations, a person must agree to the examination after being advised of his ^{or her legal rights.} A statement, admission, or confession obtained after appropriate rights warnings may be entered in evidence, and the use of the polygraph does not alter this fact. Therefore, if the examiner receives an oral or written confession, the examiner may generally testify in court about it.

POLYGRAPH EXAMINERS

Only DOD-certified examiners or intern examiners under direct supervision of a certified examiner are authorized to conduct polygraph examinations.

Polygraph examiners within the Department of the Navy are Special Agents of the Naval Criminal Investigative Service (NCIS) or members of the U.S.

Marine Corps Law Enforcement Section, Criminal Investigation Division.

INVESTIGATOR RESPONSIBILITY

To a large measure, the success of a polygraph examination depends upon the professional capabilities of you, the investigate. If the case has been investigated properly, the polygraph examiner can contribute to the successful conclusion of the investigation.

Investigator responsibilities include the following: 

l You must remember that the polygraph is only an aid to your investigation, and that a thorough, complete investigation must be conducted, aimed at securing and verifying competent evidence to prove or disprove a criminal offense, rather than upon the possibility of self-disclosure induced by a polygraph examination. 

l You must obtain authorization for the conduct of an examination from the Director of the NCIS. This is normally done through a local NCIS office. 

. You should never attempt to explain the polygraph technique to a potential examinee. Such explanation is only made by the examiner.

A request for polygraph examination will be approved only when the following conditions have been met: 

. The investigation by other means has been as thorough as circumstances permit; the subject has been interviewed; and, consistent with the circumstances of the case, development of additional information by means of a polygraph examination is essential and timely for further conduct of the investigation. 

l The alleged offense is punishable under the Uniform Code of Military Justice or the U.S. Code by death or confinement for a term of 1 year or more.

. There is reasonable cause to believe the examinee has knowledge of, or was involved in, the matter under investigation.

You should be able to brief the examiner on minute details of the investigation. General facts, theories, and suspicions are not enough. The examiner must have detailed, verified facts.

The following are some of the facts the examiner must have: 

l Specific articles or exact amounts of money stolen obscene act committed at the scene 

l The exact time (if known) the offense occurred 

l Peculiar aspects of the offense or any strange or 

l Known facts about a suspect's actions or movement 

. Facts indicating a connection between suspects, victims, and witnesses, especially when they deny any connection 

. Exact type of firearm, weapon, or tool used 

l Results of laboratory tests

. Background information pertaining to the suspect or subject

You should inform the examiner of any unpublicized facts of the offense, particularly those expected to be known only to the victim or offender. These could include the exact amount of money stolen, type of tools used, or method of entry. The examiner may use specialized techniques for the polygraph test if in possession of certain facts that only the suspect could know through participation in the offense under investigation.

You must be immediately available during the polygraph examination to assist the examiner should a matter arise with which the examiner is not familiar.

Prohibited Practices

You should not subject a person to prolonged interrogation immediately before a polygraph examination. The polygraph technique should never be described as infallible.

The polygraph instrument must not be used as a psychological prop in conducting interrogations.

A prospective examinee is never informed that his or her innocence or guilt will be decided based on the results of the polygraph examination

Do not request a mass screening of possible suspects (large groups, divisions, or departments) to produce a real suspect. This mass screening violates the policy of DOD in that all investigative techniques and procedures have not been applied, leads exhausted, and normal investigative functions accomplished

You do not make the final determination as to the examinee's fitness for a polygraph examination. The examiner will make that determination, or consult with medical, legal, or other personnel as deemed _appropriate. Never assume your investigation is completed with the polygraph examination. The development of information through the use of the polygraph normally leads to evidence or facts which must be collected or evaluated before the successful completion of the investigation.