Washington Polygraph Consent Form
Description
How to fill out Polygraph Consent Form?
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FAQ
A failed counterintelligence polygraph is not grounds for dismissal, it is grounds for an investigation to see if there has indeed been any security breach.
While there is no specific legislation in place regulating the use of polygraph tests, an employer can ask an employee to take one, but it must be voluntary (we'll go into more detail just now). However, no one can be forced to undergo a lie detector test, as it is against the Constitution.
No matter what tactics the police use against you, you are fully within your rights to refuse a polygraph test at any stage of the criminal justice process. If you ever find yourself in one of those dimly lit rooms, you should politely decline to participate until you've discussed the matter with a qualified attorney.
Occasionally, a suspect will ask to take a test in order to establish his innocence. 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.
Despite the 1988 legal ban on private employers using polygraph tests and the 1998 court decision ruling that their results are inadmissible as evidence in federal courts, there are huge loopholes in place and they're exploited by federal employers, law enforcement, probation officers, and others.
The general rule in Washington has been that polygraph testimony is inadmissible absent stipulation by both parties.
Polygraph test cannot be administered without obtaining the written consent of the accused person to whom it is to be administered, the Karnataka High Court ruled (Virendra Khanna v. State of Karnataka).
Because of their suspect reliability, California law does not allow the results of a lie detector test to be admitted as evidence in court. The only exception to this rule is if both the prosecutor and defense attorney have agreed that a jury may hear the results of a polygraph test.
1989) (en banc), the Eleventh Circuit held that polygraph results are admissible (1) when the parties stipulate to admissibility in advance of the test; or (2) when the polygraph results are used to impeach or corroborate the testimony of a witness.
The states that sometimes allow polygraph tests as evidence in criminal case include:Alabama.Arizona.Arkansas.California.Delaware.Georgia.Idaho.Indiana.More items...?
