A polygraph test, also known as a lie detector, is used to detect an individual’s truthfulness by measuring physiological responses. The assumption is that if you are lying, you will experience increased sweating, heart rate, and blood pressure.
The test is divided into four segments: the pre-test and interrogation phase, the examination, and the post-test.
Strictly speaking, it is impossible in many countries to “fail” a polygraph. Nevertheless, there are several ways that an individual can be seen to “fail” the test.
In this article, we discuss failed polygraph scenarios and the appeal procedure, based on our own direct experience.
If you have unjustly failed a polygraph examination, we provide individualized consultation services for the appeal procedure.
Common reasons for failing a polygraph test
Nervousness and anxiety
When you’re asked questions about potentially sensitive or incriminating topics, it’s natural to feel nervous and anxious. However, these feelings can also lead to physical symptoms that can interfere with the accuracy of the test. Your heart rate may increase, you may start to sweat, or your breathing may become shallow and rapid. These physical changes can be interpreted as indicators of deception, even if you are telling the truth.
Studies have shown that anxiety can have a significant impact on the results of a polygraph test. One study found that individuals who were more anxious during a polygraph test were more likely to produce false positives, meaning that they were labelled as deceptive even when they were telling the truth. Similarly, individuals who were less anxious during the test were more likely to produce false negatives, meaning that they were labelled as truthful even when they were lying.
Physical or mental health conditions
Physical and mental health conditions can also impact the accuracy of a lie detector test. For example, if you have a heart condition, a respiratory illness, or chronic pain, these conditions can cause physical symptoms that may be interpreted as indicators of deception during the test.
Similarly, mental health conditions such as anxiety disorders, depression, and post-traumatic stress disorder (PTSD) can also affect the results of the test. These conditions can cause symptoms such as hyperarousal, hypervigilance, and emotional numbing, which can be mistaken for signs of deception.
There are also certain medications that can impact the accuracy of a lie detector test. For example, medications that affect heart rate, blood pressure, or respiratory function can produce physical symptoms that may be interpreted as indicators of deception.
If you have any physical or mental health conditions, it’s important to disclose this information to the examiner prior to the test. This can help the examiner interpret any physical or mental symptoms that may arise during the test in the appropriate context.
Additionally, if you are taking any medications, it’s important to inform the examiner of this as well. The examiner may recommend that you temporarily discontinue the medication prior to the test, or they may adjust the test procedure to take into account the potential impact of the medication on the results.
Previous trauma or experience with law enforcement
Previous trauma or negative experiences with law enforcement can also impact the results of a lie detector test. If you have a history of trauma or have experienced police brutality or harassment, you may be more likely to exhibit symptoms of anxiety or nervousness during the test. These symptoms can be interpreted as indicators of deception, even if you are telling the truth.
Similarly, if you have had negative experiences with law enforcement in the past, such as being falsely accused or wrongly convicted of a crime, you may be more likely to feel anxious or nervous during the test. This can also impact the results of the test and lead to a false positive.
If you take a lie detector test, it’s important to disclose any relevant trauma or negative experiences to the examiner prior to the test. This can help the examiner interpret any physical or emotional symptoms that may arise during the test in the appropriate context.
Common mistakes made during polygraph tests that lead to failure
Answering questions too quickly or too slowly
Answering questions too quickly or too slowly is another mistake that can lead to failure. Polygraph tests are designed to measure changes in physiological responses, and if an individual is answering questions too quickly or too slowly, it may be difficult to get accurate readings. Additionally, answering questions too quickly or too slowly may be interpreted as deception.
Trying to manipulate the test
Some individuals may try to manipulate the test by using various techniques to control their physiological responses. However, these techniques are usually ineffective, and attempting to manipulate the test can lead to failure. Doing so may lead to false positives due to the abnormal data you may produce. Additionally, many polygraph examiners are trained to detect when an individual is attempting to manipulate the test, which can lead to additional consequences.
Manipulation types include:
- Try to remain apathetic during the whole test.
- Trying to hold your breath or change your breathing pattern
- Trying to cause yourself pain by biting your tongue
- Use mental countermeasures.
unintentionally disrupting the results
It is advised not to consume any food or drink, smoke, chew gum, or use the restroom within 30 minutes of the test. You should nonetheless retain regular eating habits until that point.
Overeating or skipping meals before a test might cause discomfort and a loss of attention; if done excessively, it can also alter your physical recordings.
Failure to get a good night’s sleep before the examination can also lead to the same effect. If possible, you should consider your schedule; if you work late, for instance, avoid taking the test early in the morning.
Additionally, it is advised not to wear tight clothing that could restrict your movement. Doing so can lead to a false positive due to unwanted, modified physical recordings.
failing to fully understand the questions
It’s important to make sure you understand the questions being asked of you during a polygraph test. If you misinterpret a question, your answer could be seen as deceptive even if you are telling the truth.
An examinee can also fail if he cannot control his physiological responses to any of the questions asked or if they are not relevant to their case. When the questions are irrelevant, it can be difficult to remain calm, leading to abnormal physical reactions.
Possible results
There are four possible results:
- Successful:When“No Deception Indicated” (NDI)is your result, you have passed the examination and have been judged to have answered the questions honestly.
- Failed:A result of“deception indicated” (DI)is a failure of the test, and the examiner has decided that your physical responses to the questions show that you were not telling the truth.
- Inconclusive:Aninconclusive resultmeans that the scores recorded on your physical reactions chart have not been sufficiently indicative of whether you are being honest or lying. This is not a pass or fail for the exam.
- Purposely Non-Cooperative (PNC):You were caught trying to use countermeasures during the test or did not comply with the given instructions.
False positives and false negatives
False positives occur when the test indicates that you are lying when you are actually telling the truth. This can happen if you are nervous or anxious during the test or if you are incorrectly accused of wrongdoing. For example, if you are accused of stealing and you are innocent, you may become nervous during the test, which can cause the examiner to think you are lying.
False negatives, on the other hand, occur when the test indicates that you are telling the truth when you are actually lying. This can happen if you are able to control your breathing and heart rate during the test or if you are able to convince yourself that you are telling the truth. For example, if you are guilty of a crime and you are able to remain calm during the test, the examiner may think you are telling the truth when you are actually lying.
Both false positives and false negatives can have serious consequences. If you are falsely accused of lying, you may suffer legal or professional consequences, such as losing your job or being convicted of a crime you did not commit. If you are falsely cleared of lying, you may be able to get away with a crime or unethical behaviour, which can cause harm to others.
Consequences of failing a polygraph test for specific professions or industries
Law enforcement
In law enforcement, a failed polygraph test can lead to your disqualification from the application process or even the loss of your current job. This is because law enforcement agencies view the ability to pass a polygraph test as a crucial indicator of honesty and integrity. For example, if you are applying to become a police officer and fail a polygraph test on questions related to illegal drug use, you may not be hired because drug use could compromise your ability to carry out your duties effectively and without bias.
National security
Similarly, in the national security sector, a failed polygraph test can lead to the denial of security clearance, which is required for many positions in this field. Security clearance allows you to access classified information that could potentially harm national security if it falls into the wrong hands. Thus, the government takes the process of granting security clearance very seriously, and a failed polygraph test can be a significant obstacle to obtaining it.
Private sector
In the private sector, the consequences of failing a polygraph test can vary depending on the job and the employer. Some private sector employers may require a polygraph test as part of their hiring process, particularly in industries such as finance or defense contracting. Failing the test could result in your disqualification from the hiring process, but it could also lead to your termination if you are already employed.
How to appeal a failed polygraph test
If you fail a polygraph test during the application process for a job, security clearance, or other position, you may have the opportunity to appeal the results. The appeals process varies depending on the organization or agency administering the test, but generally, the steps involve the following:
- Request a copy of your test results: The first step in appealing your polygraph results is to request a copy of your test results. This will allow you to review the questions asked and the answers you gave to identify any potential errors.
- File an appeal: Once you have reviewed your test results and identified any potential errors, you can file an appeal with the agency or organization that administered the test. You may need to provide additional evidence or documentation to support your appeal.
- Review by an independent reviewer: In some cases, the appeal may be reviewed by an independent reviewer who has expertise in polygraph testing. The reviewer will examine your test results and any additional evidence you provide to determine if the original results were accurate.
- Decision on the appeal: After the appeal has been reviewed, the agency or organization will make a decision on whether to uphold the original results or overturn them. If your appeal is successful, you may be given the opportunity to retake the test.
Basic guidelines to follow when appealing a failed polygraph test result
There are certain requirements that you must meet before you can file an appeal. These requirements vary depending on the agency or organization that administered the test, as well as the state where the test was conducted. Here are some general requirements to keep in mind:
- Understand the appeals process: Before you begin the appeals process, it is important to understand how it works. You should familiarize yourself with the rules and regulations of the agency or organization that administered the test, as well as the specific grounds for appeal that are recognized.
- File a written appeal: Most agencies or organizations require you to file a written appeal in order to contest the test result. This appeal should outline the reasons why you believe the test result was inaccurate, and it should include any supporting evidence or documentation that you have.
- Meet deadlines: There are typically strict deadlines that you must meet when filing an appeal. Make sure you understand these deadlines and submit your appeal within the required timeframe. Failure to do so may result in your appeal being rejected.
Tips for preparing an appeal effectively
- Gather evidence: It is important to gather as much evidence as possible to support your appeal. This can include medical records, witness statements, and any other documentation that may be relevant to your case.
- Be prepared to explain your behavior: If the test results were based on your behaviour during the test, it is important to be prepared to explain your behavior. This can include providing information about any medical conditions or medications that may have affected your behavior.
- Address any procedural errors: If there were any procedural errors during the test, such as improper administration of the test, this can be used as a ground for appeal.
- Be specific: When preparing your appeal, it is important to be specific about the grounds for appeal and the evidence that supports your case.
- Be respectful: Even if you disagree with the results of the polygraph test, it is important to be respectful and professional. This will help you build credibility and increase your chances of a successful appeal.
- Follow up: After presenting your case, make sure to follow up to find out the status of your appeal. This will help you stay informed and prepared for the next steps in the process.
By following these tips and preparing your case effectively, you can increase your chances of a successful appeal.
Can a failed polygraph test be used as evidence in court?
In the United States, each state has its own rules about whether or not polygraph test results can be used as evidence in court. In general, failed polygraph tests are not admissible as evidence in criminal trials, but may be admissible in certain civil cases or administrative proceedings.
The main reason for this restriction is that the reliability of polygraph tests has been the subject of much debate and controversy. Many experts argue that the results of polygraph tests are not scientifically reliable, and that they are subject to interpretation and manipulation by the examiner.
Moreover, the use of polygraph tests in court can raise serious issues related to the defendant’s right to remain silent, their right to a fair trial, and the potential for prejudicial impact on the jury.
Despite these concerns, some states do allow polygraph test results to be used as evidence under certain circ*mstances. For example, in some states, a defendant may choose to take a polygraph test voluntarily, and if the results are favourable, the defendant may be able to introduce them as evidence in court. Additionally, some states allow polygraph tests to be used in plea negotiations or in cases where the defendant has made inconsistent statements.
Case studies of failed polygraph tests
One notable case involves former CIA officer Aldrich Ames. In 1994, Ames failed a polygraph test, which ultimately led to his arrest and conviction for espionage. The polygraph examination was conducted as part of a routine security check, and Ames was asked about his involvement in unauthorized activities. Despite initially denying any involvement, the polygraph indicated that he was lying. After further investigation, it was discovered that Ames had been selling classified information to the Soviet Union for years.
Another case involves former FBI agent Robert Hanssen. In 2001, Hanssen failed a polygraph test, which ultimately led to his arrest and conviction for espionage. The polygraph examination was conducted as part of an ongoing investigation into leaks of classified information. Despite initially denying any involvement, the polygraph indicated that he was lying. After further investigation, it was discovered that Hanssen had been passing information to the Soviet Union and later Russia for more than two decades.
These cases highlight the importance of polygraph examinations in national security and intelligence operations. They also demonstrate the potential consequences of failing a polygraph test in these fields. In both cases, the individuals’ careers were ruined, and they faced lengthy prison sentences.
However, it is important to note that polygraph examinations are not infallible and should not be relied on as the sole determinant of an individual’s guilt or innocence. Both Ames and Hanssen were able to evade detection for years before being caught, despite having failed polygraph examinations. The results of a polygraph test should always be viewed in conjunction with other evidence and investigative techniques.
Emotional and psychological impact of failing a polygraph test
Failing a polygraph test can be a highly emotional and psychologically taxing experience. The process of taking a polygraph test alone can be anxiety-inducing, as it involves being hooked up to various sensors while answering a series of questions. However, the emotional impact of failing the test can be even more profound.
It can be a devastating blow to their self-esteem and confidence. Failing the test can be seen as an admission of guilt, even if the person is innocent. The experience of being accused of something and then being unable to prove your innocence can be extremely damaging to a person’s mental health.
In addition to the immediate effects of failing a polygraph test, there can also be long-term consequences. For example, if a person fails a test during a job interview, they may have difficulty finding employment in the future. Similarly, if a person fails a test during a criminal investigation, they may be viewed with suspicion by law enforcement officials for years to come.
The emotional and psychological impact of failing a polygraph test can be particularly severe for individuals who have been falsely accused. In these cases, the experience of being accused and then being unable to prove your innocence can be extremely traumatic. The psychological effects of this type of trauma can include anxiety, depression, and post-traumatic stress disorder (PTSD).
If you fail a polygraph test, it is important to take care of your mental and emotional well-being. Seek support from friends, family, or a mental health professional if needed. It is also important to remember that you have the right to appeal the test results and to challenge the accuracy of the test.
