Although police can ask you to take a lie detector test at any time, they usually do it at the beginning of an investigation. This is when they are working on evidence collection and developing a theory of the case. If you refuse a polygraph, the police may think you have something to hide. If you say yes and fail, you may become their prime suspect. If you agree and pass, they may either let you go or ask you for more information, and their investigation continues.
The test is more of a scare tactic to try to extract information from you. The result of a polygraph test is confidential and my not be released to any person but an authorised person. Maak asseblief seker dat u e-pos korrek ingesit word in die veld hieronder, e-pos word slegs by geldige e-posadresse afgelewer.
Global Site Search. Forgotten Password Cancel. Solidariteit Jeug. By Inge Labuschagne Question: Can an employee be compelled to undergo a polygraph test and can he be dismissed if he refuses? While it is natural to want to clear your name quickly in a sex crime investigation, there are at least three 3 reasons why you should never take a government-sponsored polygraph examination, unless a criminal defense lawyer advises you to do so. The first reason is that an innocent person can fail a polygraph test.
See, e. You are never under any legal obligation to take a lie detector test in a criminal investigation. Even if police tell you the test is mandatory or they threaten you with arrest if you refuse to take one, you don't have to.
And volunteering for a test to prove your innocence can be risky, because the results of the test are not guaranteed be accurate. While a polygraph test itself can indicate if a person is having a physiological response to a question or an answer, lie detector tests do not stop or begin when the subject is connected to the machine.
The questions that the investigator asks either before or after administering the test are all designed to gather evidence. For example, a polygraph tester might ask a subject a series of questions while the subject is connected to the machine, but also after the machine has been disconnected and turned off.
Subjects often feel much more comfortable after they believe the test to be over and will sometimes, during this post-test interview, make statements or omissions that the investigator can then later use in court.
The actual results of the polygraph tests your physiological responses, and the inferences that operator will draw from them are not universally admissible in all criminal cases. Their admission depends on where the case is brought which state, or which federal district, if it's a federal case. The states and the federal courts use different legal tests to determine whether polygraph results are admissible. But, the important point to remember about lie detector tests is that they are processes designed to gather evidence against you.
Whether that evidence comes from the pre-test questions, the post-test interview, or the test results themselves, all of it is designed to gather enough evidence so the state can pursue its investigation, charge the case, and convict you of a crime.
Even if a court refuses to allow the results of the test as evidence in a trial, the prosecutor can use the results and statements you make in the pre or post-test interview to assist him in developing the case against you. Some employers give employees lie detector tests if, for example, those employees have access to sensitive or classified information.
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