WHY ARE POLYGRAPHS USED?
Different sectors of society use polygraph examinations for various reasons and purposes.
Many federal agencies including the FBI, ATF, CBP, CIA, NSA, USSS, as well as various branches of the United States Department of Defense all utilize polygraph examinations in order to address criminal investigations, national security issues, and pre-employment as well as employee screenings.
Private individuals, businesses, families, and therapists use polygraph examinations to determine the truth on a variety of issues including addictive behavior, marital/partner infidelity, theft by employees and other criminal activities, and sex offenses.
Attorneys who want to present the best possible defense for their clients also use polygraph extensively. Most attorneys who utilize polygraph will have their own clients submit to an examination. Others use the polygraph to verify statements made by witnesses and other parties involved in the case. An experienced polygraph examiner can provide testimony in relation to any civil or criminal matter. Mr. Anderson has an enormous amount of working with attorneys with various United States Attorney’s Offices around the United States, and can help in the preparation of defenses that might otherwise not be considered. Polygraph has gained great strides in credibility with the scientific community in recent years, and standards approved and applied by a combined body of experts now provide a template for the increased acceptability of polygraph results.
Contrary to what is seen on television and in the movies the results of polygraphs are not inadmissible in court proceedings. That being said, admissibility standards differ in each jurisdiction. Some jurisdictions allow judges to decide admissibility; others allow polygraph evidence if it is stipulated to by both parties; and some jurisdictions prohibit polygraph evidence entirely. The Daubert case is presently the standard for the admission of scientific evidence, which includes polygraph. Five factors are used under Daubert:
whether a method can or has been tested
the known or potential rate of error
whether the methods have been subjected to peer review
whether there are standards controlling the technique's operation
the general acceptance of the method within the relevant community
Generally speaking, most polygraph results are used during pre-trail negotiations, plea bargaining, to address sentencing issues and recommendations, and witness verification.