The polygraph test measures the heart rate, pulse rate, blood pressure, muscular pressure, and other body activities, such as sweating or stammering, to find out whether someone is lying. The accuracy of the polygraph test is not reliable. Sometimes, it is modified by taking a sedative to minimize the stress, by an antiperspirant to avoid sweating, and many more, thus influencing the test result. In 2002, the National Academy of Science researchers found that testing was unscientific because it lacks standards. As per the view of Dr. Van Der Zee, the experience of the lie detector was very stressful, and sometimes it trapped the innocent people. One of Professor. Grubinâ€™s estimates of lie detector test accuracy is about 80-90%.
Law Relating to Polygraph Test
The Employee Polygraph Protection Act (EPPA), 1988, is managed and imposed by the Wage and Hour Division. The EPPA applies to private employers. The EPPA applies to private-sector employees working for security services businesses, pharmaceutical manufacturers, distributors, and dispensers, subject to certain limits. Apart from the above, workers of private businesses who are judiciously suspected of a connection in the workplace (theft, embezzlement, violation of privacy, etc.) that caused the employer actual financial loss or harm are liable to EPPA. Only the above private-sector industries can use the polygraph test and the rest of the private-sector industries are not permitted to use this test. The people who conduct polygraph tests must have a valid and current license. The test is mandated, and one must maintain a $50,000 bond or professional liability insurance. An employee or potential employee who wants to take action against the employer may take civil action against him.
There are various decisions relating to the admissibility of the polygraph test. Some decided cases are mentioned below:
State v. Bohner, (1933): Bohner’s conviction for robbery was professed. It was held in the court that the trial judge had correctly let off the defendant’s offer of lie-detector results.
People v. Kenny (1938): The Queens County Court, over opposition by the prosecution, allowed a professional to testify as to the results of a pathometer test managed to the defendant. The Kenny case relics the only stated decision wherein lie-detector evidence was acknowledged absent a condition to effect.
State v. Dorsey (1975): The court reversed an incorrect conviction based on the inadmissibility of polygraph evidence.
In the United States (US), not all but some states use polygraph tests. The states are Alabama, Arkansas, California, Idaho, Iowa, Kansas, New Jersey, North Dakota, Ohio, Utah, and Washington. Other than the above states in the US that use polygraph, but both parties must agree. Such states are California, Nevada, and Florida.
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