Ch. 24: Polygraphs

Question 1

Which of the following is prohibited in criminal court regarding polygraph evidence, unless both parties stipulate to its admission?

a) Only the results of the polygraph examination.

b) Only any reference of an offer to take a polygraph.

c) Both the results of the polygraph examination and any reference of an offer to take, failure to take, or taking of a polygraph.

d) None of the above

Answer 1

c) Both the results of the polygraph examination and any reference of an offer to take, failure to take, or taking of a polygraph.

Question 2

In civil court, under what condition are polygraph examination results or references permissible?

a) Only if both parties stipulate to their admission.

b) Only if they are irrelevant to the facts at issue.

c) If they are relevant to the facts at issue.

d) They are never permissible in civil court

Answer 2

c) If they are relevant to the facts at issue.

Question 3

According to the Employee Polygraph Protection Act of 1988, which of the following actions is prohibited for an employer engaged in interstate commerce?

a) Requiring an employee to take a lie detector test.

b) Using the results of a lie detector test of a prospective employee.

c) Disciplining an employee for refusing to take a test.

d) All of the above.

Answer 3

d) All of the above.

Question 4

Which of the following entities is exempt from the Employee Polygraph Protection Act of 1988?

a) Private businesses with fewer than 50 employees.

b) Federal, state, and local governments.

c) Any employer investigating economic loss, regardless of the employee’s access.

d) Pharmaceutical firms without direct access to controlled substance

Answer 4

b) Federal, state, and local governments.

Question 5

Under the Employee Polygraph Protection Act of 1988, an employer may administer a polygraph if they reasonably suspect an employee is involved in a workplace incident resulting in economic loss and the employee has access to the property. True or False?

a) True

b) False

Answer 5

a) True

Question 6

If an employer is going to ask an employee or applicant to submit to a lie detector or polygraph under the Employee Polygraph Protection Act of 1988, what must the employer provide?

a) A verbal agreement from the employee.

b) A written notice explaining the employee’s rights and limitations.

c) A guarantee that the test results will not be used against them.

d) Financial compensation for taking the test.

Answer 6

b) A written notice explaining the employee’s rights and limitations.

Question 7

What is a “polygraph” defined as by the U.S. Department of Labor?

a) Any mechanical device used to assess honesty.

b) An instrument that records cardiovascular, respiratory, and electrodermal patterns to render a diagnostic opinion on honesty.

c) A simple questionnaire designed to detect deception.

d) A psychological evaluation used for employment screening.

Answer 7

b) An instrument that records cardiovascular, respiratory, and electrodermal patterns to render a diagnostic opinion on honesty.

Question 8

According to Cal. Lab. Code 423.2, which of the following is prohibited for employers in California?

a) Asking an employee to take a polygraph with written notice of their right to refuse.

b) Using a polygraph as a condition of employment or continued employment.

c) Requesting an employee to take a voice stress analysis with express written consent.

d) Administering a polygraph if there is reasonable suspicion of economic loss.

Answer 8

b) Using a polygraph as a condition of employment or continued employment.

Question 9

Cal. Lab. Code 423.2 requires employers to advise applicants/employees in writing of their right not to take a polygraph or lie detector test. True or False?

a) True

b) False

Answer 9

a) True

Question 10

California Penal Code 637.3 states that voice stress analysis may not be used to assess the truth or falsity of a statement unless what condition is met?

a) The analysis is conducted by a licensed polygrapher.

b) The person has given their express written consent to the procedure in advance.

c) A court order mandates the analysis.

d) The analysis is part of a criminal investigation.

Answer 10

b) The person has given their express written consent to the procedure in advance.

Question 11

When does federal law regarding polygraphs become applicable when examining an employer’s actions?

a) Only if the employer is a government entity.

b) If the employer is engaged in interstate or foreign commerce.

c) Only if there is an economic loss to the employer.

d) If the employer is a small business.

Answer 11

b) If the employer is engaged in interstate or foreign commerce.

Question 12

If federal law is not applicable, what law should be considered regarding mandatory pre-employment polygraphs?

a) Employee Polygraph Protection Act of 1988.

b) Cal. Lab. Code 423.2.

c) U.S. Department of Labor regulations.

d) None of the above; they are always prohibited.

Answer 12

b) Cal. Lab. Code 423.2.

Question 13

In the example of the real estate sales employer accusing John of stealing, why could the employer not require John to take a polygraph?

a) John refused to take the test.

b) The employer did not have a reasonable basis for suspicion.

c) The facts did not indicate the employer was engaged in interstate commerce.

d) The secretary’s witness statement was insufficient evidence.

Answer 13

c) The facts did not indicate the employer was engaged in interstate commerce.

Question 14

In the example of the armored transport service, why does federal law apply?

a) David refused to take the polygraph.

b) The economic loss was significant.

c) The employer was involved in interstate commerce and David was an armored transport employee.

d) There were no signs of unlawful entry to the compartment.

Answer 14

c) The employer was involved in interstate commerce and David was an armored transport employee.

Question 15

In the armored transport example, if David “fails” the polygraph, what must the employer not solely rely on when disciplining him?

a) The witness statements.

b) The polygraph results.

c) The employer’s reasonable suspicion.

d) Other aspects of the investigation.

Answer 15

b) The polygraph results.

Question 16

In the example of Juan applying to an accounting firm, can the firm require Juan to take a polygraph prior to hiring him under California law?

a) Yes, if they notify him of his rights.

b) Yes, if he signs a waiver.

c) No, mandatory pre-employment polygraphs are prohibited.

d) Only if he works with sensitive financial information.

Answer 16

c) No, mandatory pre-employment polygraphs are prohibited.

Question 17

What is the general rule of thumb for investigators regarding requiring employees to take a polygraph?

a) Always require it.

b) Never require it, always ask.

c) Only require it for high-security positions.

d) It is always best to avoid using a polygraph.

Answer 17

b) Never require it, always ask.

Question 18

The text states that the polygraph by itself is ineffective as a true “lie detector.” What do some polygraph experts contend it is primarily used for?

a) To measure physiological responses to questions.

b) To elicit a confession or an admission of guilt.

c) To provide definitive proof of deception.

d) To replace traditional investigative techniques.

Answer 18

b) To elicit a confession or an admission of guilt.

Question 19

What minimum instrumentation standards must a polygraph meet according to the U.S. Department of Labor?

a) It must record only vocal patterns.

b) It must continuously, visually, permanently, and simultaneously record changes in cardiovascular, respiratory, and electrodermal patterns.

c) It must be able to detect subtle facial expressions.

d) It must be a mechanical device only.

Answer 19

b) It must continuously, visually, permanently, and simultaneously record changes in cardiovascular, respiratory, and electrodermal patterns.