NCJ Number
127879
Journal
Law and Psychology Review Volume: 13 Dated: (Spring 1989) Pages: 59-76
Date Published
1989
Length
18 pages
Annotation
This examination of the admissibility of polygraph evidence in arbitration proceedings considers the history of the polygraph test, its validity, its administration, State laws and a recent Federal law that bear on employer use of the polygraph and relevant case law.
Abstract
Although the history of the polygraph test in the workplace is marked by controversy, employers still use the polygraph as a screening and detection device, and labor arbitrators continue to admit polygraph evidence into arbitration proceedings. Research on the reliability of the polygraph test suggests that it is potentially reliable, but factors that determine its reliability are so complex and susceptible to human error that it cannot be administered with consistent reliability. Although researchers agree that the polygraph reliably measures certain physiological changes in the subject, it has not been proven that the physiological changes being measured are unique to the process of deception. State and Federal laws prohibit the admission of polygraph results as evidence. Polygraph evidence, obtained as it is in violation of an individual's right of privacy and through the use of an inadequate testing device, can only jeopardize the goal of arbitration to achieve a fair dispute settlement. 73 footnotes