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Lie Detectors Tell Lies : The Unreliability of Polygraphs Used in Criminal Trials and Investigations Polygraphs, commonly known as lie detector tests, are in question to whether or not they are realiable enough to use in court cases. The common test used in criminal investigations is the Control Question Test (CQT) . The CQT works by comparing physiological disturbances that occur when questions are asked which are relative to the crime in question. Vague control questions are asked to allow an innocent person to show more physiological disturbances to the vague questions than to the questions which are directly relevant to the crime at hand. If the person in question shows more disturbances when asked the relevant questions, it is a good indication of deception (Honts 309). Even though courts and criminal investigators do permit other unreliable evidence such as eyewitness testimonies, the polygraph is not reliable enough to be allowed as evidence in the delicate process and evidence in criminal investigations. Polygraphs can too easily be defeated by simple countermeasures to be accepted as reliable and allowed in criminal investigations. Charles Honts , David Raskin, and John Kircher from the Department of Psychology at the University of Utah state the following in their article “Mental and Physical Countermeasures Reduce the Accuracy of Polygraph Tests”: Research has shown that training in simple physical maneuvers, such as biting the tongue or pressing the toes to the floor, can be effective in defeating polygraph tests by enhancing physiological reactions to control questions. Honts, Hodes, and Raskin reported that 60% of their decisions were incorrect when subjects had been trained to unobtrusively bite their tongues and press their toes to the floor when control questions were presented during the test. Using similar training and stronger incentives to pass the test, Honts, Raskin, and Kircher failed to correctly classify any subjects who were using countermeasures. (252) This statement shows that the tests are not only unreliable when given by experts, but they are not even correct half the time. The polygraph is not efficient enough to be correct during practice tests, and the polygraph is definitely not efficient enough to be used as evidence in trials or as a basis of guilt or innocence in criminal investigations. Polygraphs are not accepted by the expert psychophysiological scientific community as a sole determinant in a person’s innocence or guilt. In 1995, W.G. Iacono conducted a poll of members of the Society for Psychophysiological Research, the same group that the Gallup poll surveyed a decade earlier, and asked them what their opinion of the CQT polygraph test was. The possible choices were the following : a sufficiently reliable method to be the sole determinant, a useful diagnostic tool along with other evidence, of little usefulness when put up against other types of evidence, and of no usefulness (427). The majority of the respondents chose the third option, of little usefulness when put up against other types of evidence. This shows that experts in the field where polygraphs originate from do not even believe that these tests are reliable. There is no way that these tests are reliable enough to be presented as evidence in trials. Polygraphs are unreliable to the point that they can incriminate innocent people. Michael Phillips from the department of medicine at Sisters of Charity Health Care System states that “if the polygraph were merely useless, it would not be so bad. Unfortunately, it is harmful because it generates a large number of false-positive test results that may incriminate people who are telling the truth” (413). Phillips also asks,”who would want to use a fire alarm or a cancer test that was wrong 90% of the time” (413). This is very logical when put into simple terms. Since the polygraph is unreliable to the extent of incriminating innocent people then all the test can do is confuse matters even more. If innocent people are put in question there could be so many suspects in a criminal trial that there would be more time spent on figuring out who the true suspect is than time spent attempting to convict the suspect of his crime. Some people question why polygraph evidence is not permitted in criminal trials and investigations when other unreliable sources are allowed in courts as evidence. Donald Dripps states that “courts routinely receive eyewitness testimony, handwriting analysis, and other evidence of doubtful reliability.” “In United Stated v. Scheffer, the Supreme Court, by an 8-to-1 margin, upheld a Military Rule of Evidence that prohibits reception of polygraph evidence.” “Justice John Paul Stevens, the lone dissenter, challenged each of these interests. Polygraph evidence, the dissenting opinion maintains, is at least as reliable as much of the other evidence that is routinely admitted, even if one accepts the estimates of reliability given by opponents of polygraph evidence” (75). Other types of questionable evidence being admitted does not support the argument of allowing polygraph evidence. Regardless of whether the other types of evidence are reliable or not, polygraphs have been proven unreliable and should not be allowed as evidence in trials or in criminal investigations. A system that is correct 50% of the time, at best, is not reliable. This poor effeciency proves that polygraphs evidence should not be admitted in a court of law. An argument for polygraph testing as evidence is that it can immediately dismiss an suspect who is innocent. If a guilty suspect knows the previously mentioned countermeasures to polygraph testing then he or she can be presumed an innocent suspect by defeating the polygraph test. This is the quickest way to let a criminal go free, not the quickest way to let an innocent man go free. If this method was allowed for immediate liberation of an innocent suspect then there would be many more innocent suspects called into question when the true criminal is let off without question. Another reason that some people believe that polygraph evidence should be allowed in trials is that it gives a good indication to whether a suspect is guilty or innocent. Even though the test is not always accurate, it can be useful in predicting a suspect’s guilt. A suspect’s guilt or innocence is not something to toy with, and these less than perfect tests are doing just that. M.T. Bradley says,”strong faith in the CQT seems unjustified. Reviews of field and laboratory work have found actual polygraph accuracy to be substantially lower than the estimates of perfection or near perfection given by field workers” (153). A field worker is more accurate than these tests. This shows that bringing in the test is doing nothing but complicating the cases, and it causes the court to second guess the field workers who have been proven more accurate than the tests. Polygraphs are an inefficient way of proving someone’s guilt. If a method of determining guilt and innocence is so unreliable, a suspect’s right to a fair trial is compromised when that evidence is permitted to be used in a case. Until the reliability of polygraphs can be improved, they should not be allowed as evidence in criminal trials and investigations. Bibliography Works Cited Bradley, M.T., V.V. MacLauren, and S.B. Carle. “Deception and Nondeception in Guilty Knowledge and Guilty Actions Tests.” Journal of Applied Psychology. April 1996 : 153-160. Dripps, Donald A. “Polygraph Evidence After United States v. Scheffer.” Trial June 1998 : 75-76. Honts, Charles R. “Criterion Development and Validity of the CQT in Field Application.” Journal of General Psychology. October 1996 : 309-324. Honts, Charles R., David C. Raskin, and John C. Kircher. “Mental and Physical Countermeasures Reduce the Accuracy of Polygraph Tests.” Journal of Applied Psychology April 1994 : 252-259. Iacono, W.G., and D.T. Lykken. “The Validity of the Lie Detector : Two Surveys of Scientific Opinion.” Journal of Applied Psychology June 1997 : 426-433. Phillips, Michael. “Problems with the Polygraph.” Science 15 Oct. 1999 : 413. Word Count: 1185

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