SCIENTIFIC VALIDITY OF POLYGRAPH TESTING

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November 1, 1983
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Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 SCIENTIFIC V ALIDITX OF POLYGRAPH TESTING A RESEARCH REVIEW AND EVALUATION A TECHNICAL. MEMORANDUM CONGRESS OF THE UNITED STATES Office of Technology Assessment Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Office of Technology Assessment Congressional Board of the 98th Congress ORRIN G. HATCH Utah CHARLES 'vlcC. MATHIAS, JR. Maryland EDWARI` M. KENNEDY Mascachtsetrs ERNEST F. IIOLLING:S South Carolina CLAIBORNE PELI. Rhode Island CHARLES N. KI1MBALL Chairman Midwest Research Institute EARL BEIS LLINE University of Alaska CHARLES A BOWSHER General Accounting Office CLAIRE T DERRICK California Land Comrnission GEORGE E. BROWN, JR. California JOHN D. DINGELL Michigan LARRY WINN, JR Kansas CLARENCE E. MILLER Onio COOPER EVANS 10" a JOEIN H. GIBBONS ,'Ncmvotin~;) Advisory Council JAMES C. FLETCHER University of Pittsburgh RACHEL McCULLO( H University of Wi.sconr,in S. DAVID FREEMAN Tennessee Valley Authority GILBERT GUDE Congressional Research Service CARL N. HODGES University of Arizona WILLIAM J. PERRY Hambrecht & Quact DAVID S. POTTER General Motors Corp LEWIS THOMAS ivlemoria] Sloan-Kettering Cancer Center This is an (ETA Technical Memorandum that has neither been reviewed nor approved by the Technology Assessment Board Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 SCIENTIFIC VALIDITY OF POLYGRAPH TESTING A RESEARCH REVIEW AND EVALUATION A TECHNICAL MEMORANDUM Technical Memoranda are issued by OTA on specific subjects analyzed in recent OTA reports or on projects presently in process at OTA. They are issued at the request of Members of Congress who are engaged in committee legislative actions which are expected to be resolved before OTA completes its assessment. Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Recommended Citation: Scientific Validity of Polygraph Testing: A Research Review and Evaluation-A Techni- cal Memorandum (Washington, D.C.: U.S. Congress, Office of Technology Assessment, OTA-TM-H-15, November 1983). Library of Congress Catalog Card Number 83-600618 For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Foreword This technical memorandum presents the results of the Office of Technology Assess- ment's (OTA) review and assessment of the scientific evidence on the validity of polygraph testing. Conducted at the request of Rep. Jack Brooks, Chairman, House Committee on Government Operations, and Rep. Frank Horton, the Ranking Minority Member, the OTA memorandum is intended to assist the committee in its deliberations on pro- posed changes in polygraph use by the Federal Government. As requested, OTA has limited this technical memorandum to issues directly related to the scientific validity of the polygraph. OTA did not consider utility, privacy, con- stitutional, and ethical issues, among others that have been raised in the debate over polygraph testing. We first discuss the various types of polygraph testing procedures and ways in which the polygraph is used, and then summarize the judicial, legislative, and scientific con- troversy over polygraph testing validity. Next, we review and evaluate both prior reviews of the scientific research on polygraph validity and the individual research studies. Finally, we discuss the range of factors that may affect polygraph validity and the possibilities for future research, and present OTA's conclusions about the scientific evidence for cur- rent and proposed Federal Government polygraph use. In preparing this memorandum, OTA has drawn on research information available from a wide variety of sources, including the major Federal Government polygraph users, the American Polygraph Association, various private polygraph practitioners, and polygraph researchers both in the United States, and abroad. In addition to the members of the project advisory panel, this memorandum benefited from the consultation and review of a large number of persons in the Federal Govern- ment, universities, and the polygraph community. It is, however, solely the respon- sibility of OTA, not those who advised and assisted us in its preparation. Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Polygraph Validity Advisory Panel Edward S. Katkin, Chairman Professor of Psychology, State University of New York at Buffalo Joseph P. Buckley Steve Pruitt President Director of Congressional Affairs John E. Reid & Associates Public Employees Department, AFL-CIO Robert Edelberg Professor of Psychiatry and Psychology UMDNJ-Rutgers Medical School Frank Horvath Associate Professor School of Criminal Justice Michigan State University David T. Lykken Profesor of Psychiatry and Psychology University of Minnesota Medical School Gail J. Povar Christopher H. Pyle Associate Professor of Politics Mt. Holyoke College David C. Raskin Professor of Psychology University of Utah Harold Sigall Professor of Psychology University of Maryland George B. Trubow Professor of Information Law and Policy The John Marshall Law School Assistant Professor of Medicine and Althea M. I. Wagman Health Care Sciences Research Associate of Psychiatry The George Washington University Medical Maryland Psychiatric Research Center Center University of Maryland School of Medicine Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 OTA Polygraph Validity Project Staff John H. Gibbons, Acting Assistant Director, OTA Health and Life Sciences Division * Clyde Behney, Health Program Manager Fred B. Wood, Project Director (Communication and Information Technologies Program (CIT)) Leonard Saxe, Principal Investigator and Author (Boston University)" * Denise Dougherty, Co-author and Analyst (Health)t Theodore Cross, Co-author (Boston University)tt Jack Langenbrunner, Analyst (Health) Katherine Locke, Research Assistant (Health) Administrative Support Ginny Cwalina, Administrative Assistant (Health) Elizabeth Emanuel, Administrative Assistant (CIT) Jennifer Nelson, Secretary (Health) Shirley Gayheart, Secretary (CIT) Other Contributors Michael Saks, Boston College Daniel Ozer, Boston University Yoram Bar-Tal, Boston University Mary Beasley, Boston University Marie Calabrese, Boston University Molly Zane, Boston University OTA Publishing Staff John C. Holmes, Publishing Officer John Bergling Kathie S. Boss Debra M. Datcher Joe Henson Glenda Lawing Linda A. Leahy Cheryl J. Manning *Since September 1983; H. David Banta served as Assistant Director until August 1983. **Assistant Professor of Psychology, Boston University. IOTA Analyst since September 1983; Boston University Graduate Research Assistant until August 1983. ttGraduate Research Assistant, Boston University. Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Acknowledgments OTA acknowledges the contribution of the following agencies and individuals that provided information, advice, and/or substantive reviews of draft materials: Federal Government Agencies Department of Defense (Office of Deputy Under Secretary of Defense for Policy, Army, Air Force, Navy, Marines, National Security Agency) Department of Justice (Federal Bureau of Investigation, Drug Enforcement Administration) Department of State Department of the Treasury (Secret Service, Bureau of Alcohol, Tobacco, and Firearms) Postal Service Office of Personnel Management Central Intelligence Agency Director of Central Intelligence (Security Committee) Individuals Maynard Anderson, Department of Defense Norman Ansley, National Security Agency Gordon H. Barland, Barland & Associates Antonio S. Barrio, Central Texas College System Louise Becker, Congressional Research Service William H. Bell, Department of Defense B. F. Bloomingburg, Naval Investigative Service Irv Boker, General Accounting Office Robert A. Brisentine, Army Criminal Investigation Command Henry L. Canty, Consultant Richard P. Clayberg, SRI International Eileen Correa, Veterans Administration Medical Center Ron Decker, Army Military Policy School Jack Donnelly, Department of Defense William R. Fedor, Department of Defense Michelle Fine, University of Pennsylvania Robert J. Gatchel, University of Texas at Dallas Fitz Godwin, Army Lewis R. Goldberg, University of Oregon Gisli Gudjonson, London Institute of Psychiatry David L. Hammond, Psychologist James E. Hardy, Air Force Office of Special Investigations Fred Hegge, Walter Reed Army Institute of Research Eric J. Holden, Baker, Holden & Associates Charles Robert Honts, University of Utah William G. Iacono, University of British Columbia Michel Pierre Janisse, University of Manitoba Richard C. Johnson, Polygraph, Inc. Scott Kingsley, National Security Agency Benjamin Kleinmuntz, University of Illinois at Chicago Circle Brian E. Lynch, Canadian Police College Lynn P. Marcy, American Polygraph Association Paul K. Minor, Federal Bureau of Investigation L. D. Noland, Army Intelligence and Security Command Jesse Orlansky, Institute for Defense Analysis John A. Podlesny, Federal Bureau of Investigation Roland Radloff, National Science Foundation Richard K. Riegelman, George Washington University Medical Center John Roberts, Civil Liberties Union of Massachusetts Robert Rosenthal, Harvard University Akihiro Suzuki, Japanese Institute of Police Science Julian J. Szucko, University of Illinois at Chicago Circle William A. Thomas, American Bar Foundation Howard W. Timm, Southern Illinois University of Carbondale H. Herbold Wooten, Institute of Applied Polygraph Science Lawrence S. Wrightsman, University of Kansas Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Chapter 1. SUMMARY Introduction ........................... Federal Polygraph Use .................. Federal Polygraph Policy Changes ....... Polygraph Validity ..................... Findings .............................. Personnel Security Screening .......... Criminal Investigations ............... False Negatives/Countermeasures ...... False Positives ...................... Voluntary v. Involuntary ............. Polygraph Theory ................... Further Research .................... Chapter-by-Chapter Overview ........... Conclusions ........................... 2. VARIETIES OF POLYGRAPH TESTING AND USES ......................... Introduction ........................... Polygraph Instrument .................. Types of Testing Procedures ............ The Pretest Interview ................ Types of Questions .................. Polygraph Question Techniques ....... Post-Test Interview .................... Uses of Polygraph Testing .............. Current Use ........................ Conclusions ........................... 3. CONTROVERSY OVER POLYGRAPH TESTING VALIDITY ................ Introduction ........................... Judicial Reviews ....................... Polygraph Findings as Evidence ....... Laws Regulating Polygraphs in Employment Settings .............. Federal Debate Over Polygraph Validity . . The 1960's .......................... The 1970's .......................... The 1980's .......................... Draft Revisions to DOD 5210.48 ...... NSDD-84 ........................... Administration Polygraph Policy ...... Scientific Validity and Polygraph Research Reviews .................... Definitions of Scientific Validity ....... Research Design ..................... False Positives and Negatives ......... Reviews of Polygraph Validity ........ Conclusions ........................... Contents 3 4. REVIEW AND ANALYSIS OF POLYGRAPH 3 FIELD STUDIES ..................... 47 3 Introduction ........................... 47 4 Study Selection ........................ 47 4 Studies Excluded .................... 48 4 Studies Included ..................... 49 5 Coding ............................... 51 5 Findings and Discussion ................ 51 5 Variation Among Studies ............. 52 6 Studies Using Panel Criterion 6 and Examiners' Decisions .......... 52 6 Studies Using Confession as a Criterion 6 and Blind Evaluations ............. 54 7 Studies Using Judicial Outcomes and Original Examiners' Results ..... 56 Other Considerations ................... 56 11 Conclusions ........................... 58 11 11 5. REVIEW AND ANALYSIS OF POLYGRAPH 12 ANALOG STUDIES ................. 61 12 Introduction ........................... 61 14 Characteristics of Analog Studies ........ 61 17 Study Selection ...................... 62 23 Description of Studies ................ 65 23 Control Question Technique ............ 65 23 University of Utah Studies ............. 65 25 Other Studies ....................... 68 Concealed Information Tests ............ 72 Lykken ............................. 72 29 Davidson ........................... 73 29 Podlesny and Raskin ................. 73 29 Giesen and Rollison .................. 73 30 Balloun and Holmes ................. 74 Bradley and Janisse .................. 75 31 Timm .............................. 75 32 Preemployment Screening ............... 75 32 Correa and Adams .................. 75 34 Barland ............................ 76 35 Findings .............................. 78 36 36 6. FACTORS AFFECTING POLYGRAPH 36 EXAMINATION VALIDITY ......... 83 Introduction ........................... 83 37 Polygraph Examiner, Subject, and Setting. 83 37 Examiner ........................... 83 38 Subjects ............................ 84 38 Setting ............................. 86 39 Countermeasures ....................... 87 43 Physical ............................ 87 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Drugs .............................. 88 Hypnosis/Biofeedback ............... 89 Mental ............................. 89 Research Implications of Factors Affecting Validity ................... 91 Theory ............................. 91 Scoring ............................. 91 Question Techniques ................. 91 Countermeasures .................... 91 Comparison With Other Techniques ... 92 Field Studies ........................ 92 Conclusions ........................... 92 7. CONCLUSIONS ....................... 95 Introduction ........................... 95 Overall Scientific Conclusions ........... 95 Specific Scientific Conclusions in Policy Context ...................... 97 Specific-Incident Criminal Investigations ..................... 97 Personnel Security Screening .......... 99 False Negatives/ Countermeasures ...... 100 Voluntary v. Involuntary ............. 101 Further Research .................... 101 Concluding Comment .................. 102 Appendixes A. Informed Consent Forms ................ 105 B. Results of the OTA Survey of Federal Government Polygraph Testing ....... 107 C. Coding Form .......................... 114 D. Acronyms and Glossary ................ 120 List of Tables Table No. 1. Polygraph Examinations Conducted by Federal Agencies, 1982 .............. 24 2. Reviews of Field Studies of Polygraph Validity ..................... 40 3. Characteristics of Field Studies .......... 48 4. Mean Detection Rates as a Percentage of Total in Field Studies ................ 52 5. Outcomes of Field Studies of Validity .... 53 6. Outcomes of Control Question Analog Studies of Validity .............. 63 7. Outcomes of Guilty Knowledge Analog Studies of Validity .............. 64 8. Mean Detection Rates as a Percentage of Total in Analog Studies of Control Question Technique ............ 65 9. Mean Detection Rates as a Percentage of Total in Analog Studies of Guilty Knowledge Test ................. 65 B-1. Number of Polygraph Exams and Examiners ........................ 108 B-2. Purpose of Polygraph Exam ............ 109 B-3. Length and Results of Exams ........... 111 B-4. Long-term Confirmation of Exam Results ....................... 111 B-5. Selected Federal Agency Polygraph Research ................... 113 List of Figures Figure No. Page 1. Debate at the Federal Level 1963-83 ...... 33 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Chapter 1 Summary Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Chapter 1 Summary INTRODUCTION The primary purpose of this OTA technical memorandum is to review and evaluate current scientific evidence about the validity of polygraph testing. This memorandum responds to the Feb- ruary 3, 1983, letter of request from the Commit- tee on Government Operations, U.S. House of Representatives, and the need to provide infor- mation that is relevant to congressional considera- tion of the polygraph aspects of the President's National Security Decision Directive-84 (NSDD- 84), proposed revisions to Department of Defense (DOD) Directive 5210.48 governing the DOD polygraph program, and the recently revised ad- ministration policy on polygraph use by Federal agencies. The OTA technical memorandum is limited to a critical review and evaluation of prior research. The memorandum does not consider, in detail, other polygraph issues such as utility, ethics, im- pact on employee morale and productivity, pri- vacy, and constitutional rights. The technical memorandum, instead, focuses on the nature and application of polygraph tests, scientific contro- versy over polygraph testing, data from field and simulation studies, and factors that affect test validity. FEDERAL POLYGRAPH USE OTA found that Federal Government use of polygraph tests has more than tripled over the last 10 years, with about 23,000 examinations con- ducted in 1982 compared to about 7,000 exams in 1973. Current use now exceeds the previous known peak level of use (about 20,000 exams) in 1963. In all Federal agencies except the National Security Agency (NSA) and the Central Intelli- gence Agency (CIA), more than 90 percent of polygraph testing in 1982 was for criminal inves- tigations. Only NSA and CIA make significant use of the polygraph for personnel security screen- ing-preemployment, preclearance, periodic, or aperiodic-to establish initial and continuing eligibility for access to highly classified informa- tion. However, NSA accounted for almost half of all Federal polygraph examinations adminis- tered in 1982. Federal agencies at present make only limited use of the polygraph for investiga- tion of unauthorized disclosure of sensitive or classified information-261 examinations (exclud- ing NSA and CIA) for this purpose over the 1980- 82 period. FEDERAL POLYGRAPH POLICY CHANGES The March 1983 draft proposed revisions to the DOD polygraph regulations (5210.48) authorize the use of polygraph tests to determine initial and continuing eligibility of DOD civilian, military, and contractor personnel for access to highly clas- sified information (Sensitive Compartmented In- formation and/or special access). The use of poly- graph tests in determining continuing eligibility would be on an aperiodic (i.e., irregular) basis. These expanded uses of the polygraph would be part of DOD personnel security screening. Also, the proposed revisions to DOD 5210.48 provide adverse consequences for refusal to take a polygraph examination, when established as a requirement for selection or assignment or as a Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 condition of access. Refusal to take an examina- tion may, after consideration of other relevant fac- tors, result in nonselection for assignment or employment, denial or revocation of clearance, or reassignment to a nonsensitive position. NSDD-84, issued by the President on March 11, 1983, authorized agencies and departments to require employees to take a polygraph examina- tion in the course of investigations of unauthor- ized disclosures of classified information. NSDD- 84 also provides that refusal to take a polygraph test may result in adverse consequences such as administrative sanctions and denial of security clearance. would also permit Government-wide polygraph use in personnel security screening of employees (and applicants for positions) with access to highly classified information. The new policy provides agency heads with the authority to give polygraph examinations on a periodic or aperiodic basis to randomly selected employees with highly sensitive access, and to deny such access to employees who refuse to take a polygraph examination. Thus, the combined effect of NSDD-84, the DOD proposals, and administration policy is to authorize substantially expanded use of the poly- graph for purposes of personnel security screen- ing and unauthorized disclosure investigations. On October 19, 1983, the Department of Justice (DOJ) announced that administration policy POLYGRAPH VALIDITY In 1965 and again in 1976, the House Govern- ment Operations Committee concluded that there was not adequate evidence to establish the validity of the polygraph. OTA has assessed the research to determine the present state of scientific evi- dence. OTA concluded that no overall measure or single, simple judgment of polygraph testing validity can be established based on available scientific evidence. Validity is the extent to which polygraph testing can accurately detect truthful- ness and deception. There are two major reasons why an overall measure of validity is not possible. First, the poly- graph test is, in reality, a very complex process that is much more than the instrument. Although the instrument is essentially the same for all ap- FINDINGS Personnel Security Screening OTA concluded that the available research evi- dence does not establish the scientific validity of the polygraph test for personnel security screen- ing. OTA was able to identify only four studies plications, the types of individuals tested, train- ing of the examiner, purpose of the test, and types of questions asked, among other factors, can differ substantially. A polygraph test requires that the examiner infer deception or truthfulness based on a comparison of the person's physiological re- sponses to various questions. For example, there are differences between the testing procedures used in criminal investigations and those used in personnel security screening. Second, the research on polygraph validity varies widely in terms of not only results, but also in the quality of research design and methodology. Thus, conclusions about scientific validity can be made only in the con- text of specific applications and even then must be tempered by the limitations of available re- search evidence. directly relevant to personnel security screening use (one by DOD). None of these studies specif- ically assessed validity of polygraph testing for the purposes proposed by DOD or the administra- tion, and all had serious limitations in study design. Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 A 1980 survey conducted by the Director of Central Intelligence Security Committee con- cluded that the polygraph was the most produc- tive of all background investigation techniques. However, this was a utility study not a validity study, and had many qualifications. OTA recognizes that NSA and CIA believe that the polygraph is a useful screening tool. However, OTA concluded that the available research evi- dence does not establish the scientific validity of the polygraph for this purpose. In addition, there is a legitimate concern that the use of polygraph tests for personnel security screening may be especially susceptible to: 1) countermeasures by persons trained to use physi- cal movement, drugs, or other techniques to avoid detection as deceptive; and 2) false positive er- rors where innocent persons are incorrectly iden- tified as deceptive. Criminal Investigations OTA found meaningful scientific evidence of polygraph validity only in the area of investiga- tions of specific criminal incidents. However, OTA concluded that, even here, findings about polygraph validity must be qualified. This is because prior research has used widely varying types of questions, examiners, and examinees, among other differences. And there is, to date, no consistently used and accepted methodology for polygraph research. Also, the cases selected in field studies and situations simulated in analog studies may not be representative of most actual polygraph testing conditions. Therefore the ability to generalize from the results of prior research is limited. OTA found a wide divergence in the results of relevant research, due in part to variations in research quality and design. Six prior research reviews showed average validity ranging from a low of 64 percent to a high of 98 percent. OTA's own review of 24 relevant studies meeting mini- mum acceptable scientific criteria found that, for example, correct guilty detections ranged from about 35 to 100 percent. Overall, the cumulative research evidence suggests that when used in crim- inal investigations, the polygraph test detects deception better than chance, but with error rates that could be considered significant. In a typical criminal investigation, the poly- graph, if used at all, is used only after prior in- vestigation has been completed, and a prime sus- pect or suspects have been identified. To the ex- tent polygraph use in unauthorized disclosure in- vestigations would be similar, then the available research provides some evidence of polygraph testing validity. However, for so-called "dragnet" screening where a large number of people would be given polygraph tests in the investigation of unauthorized disclosures, relevant research evi- dence does not establish polygraph testing validi- ty. There has been no direct scientific research on this application. False Negatives/Countermeasures Theoretically, polygraph testing-whether for personnel security screening or specific-incident investigations-is open to a large number of coun- termeasures, including physical movement or pressure, drugs, hypnosis, biofeedback, and prior experience in passing an exam. The research on countermeasures has been limited and the re- sults-while conflicting-suggest that validity may be affected. OTA concluded that this is par- ticularly significant to the extent that the poly- graph is used and relied on for national security purposes, since even a small false negative rate (guilty person tested as nondeceptive) could have very serious consequences. False Positives OTA concluded that the mathematical chance of incorrect identification of innocent persons as deceptive (false positives) is highest when the polygraph is used for screening purposes. The rea- son is that, in screening situations, there is usually only a very small percentage of the group being screened that might be guilty. So, in a typical situ- ation, there may be, perhaps, one person per 1,000 engaged in unauthorized activity. There- fore, even if one assumes that the polygraph is 99 percent accurate, the laws of probability indi- cate that one guilty person would be correctly identified as deceptive but 10 persons would be Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 incorrectly identified (false positives). This poten- tial problem has not been researched in field or analog studies and clearly warrants attention. Voluntary v. Involuntary NSDD-84, the DOD proposals, and administra- tion policy authorize adverse consequences for re- fusal to take a polygraph test. Apart from the eth- ical and legal implications, which OTA did not address, it is generally recognized that, for the polygraph test to be accurate, the voluntary co- operation of the individual is important. Thus, OTA concluded that imposing penalties for not taking a test may create a de facto involuntary condition that increases the chances of invalid or inconclusive test results. However, no direct re- search on this topic was identified. Polygraph Theory The basic theory of polygraph testing is only partially developed and researched. The most commonly accepted theory at present is that, when the person being examined fears detection, that fear produces a measurable physiological re- action when the person responds deceptively. Thus, in this theory, the polygraph instrument is measuring the fear of detection rather than decep- tion per se. And the examiner infers deception when the physiological response to questions about the crime or unauthorized activity is greater CHAPTER-BY-CHAPTER OVERVIEW The preceding discussion summarizes OTA's major findings. This section provides a brief chap- ter-by-chapter overview of the technical memo- randum. Chapter 2 describes the varieties of polygraph questioning techniques and a number of uses for polygraph examinations, with an emphasis on Federal Government use. The chapter describes the polygraph instrument as relatively standard, and, by itself, unable to detect truthfulness or de- ception. What is often referred to as "the poly- graph" is actually a set of relatively complex pro- cedures for asking questions and measuring phys- than the response to other questions. However, the examinee's intelligence level, state of psycho- logical health, emotional stability, and belief in the "machine" are among the several other fac- tors that may, at least theoretically, affect physi- ological responses. A stronger theoretical base is needed for the en- tire range of polygraph applications. Basic poly- graph research should consider the latest research from the fields of psychology, physiology, psy- chiatry, neuroscience, and medicine; comparison among question techniques; and measures of physiological response. Further Research OTA identified a need for further research on polygraph countermeasures, polygraph theory, and polygraph validity under field conditions (for both screening and criminal investigative situa- tions). The currently planned Federal research on countermeasures appears to be inadequate. There is no known Federal research planned on poly- graph theory. And the Army's current 10-year research program to develop a new, perhaps com- puterized, state-of-the-art polygraph instrument should be reevaluated to determine if research priorities and direction need adjustment. Final- ly, the planned FBI-Secret Service polygraph va- lidity study needs an extensive independent scien- tific review. iological responses in order to detect deception or establish truthfulness. This chapter discusses the procedures and their common applications, and explains why different polygraph testing tech- niques appear to be required depending on in- tended uses. The validity of polygraph examinations to de- tect deception has long been a controversial issue Chapter 3 describes how the courts, State legislatures, and the executive and legislative branches of the Federal Government have viewed assessments of scientific validity as central to deci- sions about polygraph use. Despite many decades Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 of discussion, no consensus has emerged about the accuracy of polygraph tests. The chapter de- fines scientific criteria for establishing validity and reviews previous efforts to evaluate the scientific literature on polygraph testing. Disagreement about the validity of polygraph testing in the sci- entific community reflects wide variations in the criteria used for inclusion of studies in prior re- search reviews, differences in research design and definitions of validity among specific research studies, and, perhaps most important, failure to clearly differentiate the scientific evidence in terms of the purposes for which polygraph examinations are conducted and the techniques employed. Chapter 4 presents OTA's own analysis of polygraph field studies in order to make an inde- pendent assessment of validity. Field studies in- volve real-life uses of polygraph testing. With one exception, all of the available field evidence meet- ing minimal scientific criteria comes from cases involving specific-incident criminal investigations using the control question technique. OTA found no field studies on the validity of polygraph test- ing for preemployment screening or periodic screening. Overall, the studies varied in impor- tant ways with respect to, in particular, the criteria used to verify truth, and whether original examiners' decisions or blind evaluation of charts were used as the basis of comparison with ground truth. In addition, all studies had substantial prob- lems of research design, especially with case and examiner selection. As a result, the studies may represent a highly select sample of cases. These caveats limit the confidence that can be placed in any conclusions about polygraph validity based on field research. Chapter 5 parallels chapter 4 and presents OTA's analysis of polygraph analog studies in which field methods of polygraph examinations are used in simulated rather than real-life situa- CONCLUSIONS A major reason why scientific debate over poly- graph validity yields conflicting conclusions is that the validity of such a complex procedure is very difficult to assess and may vary widely from one tions. These analog studies were conducted pri- marily in psychology laboratories using college students as subjects. Like the field studies, analog studies have primarily investigated the control question technique in specific-incident criminal in- vestigations, although there are some studies of an alternative ("guilty knowledge") technique for criminal investigations and two studies of preem- ployment screening, one using military intelli- gence personnel as subjects. While using a more standardized methodology than field studies, the analog studies had other kinds of significant re- search design problems, and the range of error in polygraph results was greater than in field studies. The two studies of preemployment screen- ing were of poor methodological quality, and did not adequately reflect screening for national se- curity purposes. Chapter 6 discusses a number of factors that may affect the accuracy of polygraph examina- tions. Some of these account for the variation in study results discussed previously. Examiner, sub- ject, and setting characteristics are considered, with special attention to the use of physical, drug, and mental countermeasures that may be em- ployed by individuals to attempt to beat the poly- graph. This chapter also presents some possible priorities for further research on factors affecting polygraph validity. Chapter 7 highlights the major conclusions and policy implications of the scientific analysis. Ap- pendix A includes illustrative informed consent forms use in Federal Government polygraph ex- aminations. Appendix B presents the results of OTA's survey of Federal Government polygraph use and practice. Appendix C includes the coding form for OTA's analysis of field and analog studies. Appendix D provides a list of acronyms and glossary of key terms. application to another. The accuracy obtained in one situation or research study may not generalize to different situations or to different types of per- sons being tested. Scientifically acceptable re- Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 search on polygraph testing is hard to design and conduct. Advocates of polygraph testing argue that thou- sands of polygraphs have been conducted which substantiate its usefulness in criminal or screen- ing situations. Claims of usefulness, however, are often dependent on information (e.g., confessions and admissions) obtained before or after the ac- tual test, and on its perceived value as a deterrent. The focus of the OTA technical memorandum is not whether the polygraph test has been useful, but whether there is a scientific basis for its use. OTA concluded that, while there is some evidence for the validity of polygraph testing as an adjunct to criminal investigations, there is very little re- search or scientific evidence to establish polygraph test validity in screening situations, whether they be preemployment, preclearance, periodic or aperiodic, random, or "dragnet." Substantial re- search beyond what is currently available or planned would have to be conducted in order to fully assess the scientific validity of the NSDD- 84, DOD, and administration polygraph pro- posals. Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Chapter 2 Varieties of Polygraph Testing and Uses Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Chapter 2 Varieties of Polygraph Testing and Uses INTRODUCTION Polygraph examinations have been likened to psychological testing (cf. 89, 92, 101). As such, polygraph testing is best described not in the singular but, instead, as a series of tests. These tests are designed to assess truthfulness and decep- tion in situations that range from screening job applicants to investigations of specific criminal incidents. Polygraph examiners, employed both within and outside Government agencies, use a variety of polygraph testing techniques, each of which has a somewhat different underlying logic and demonstrated validity. The choice of polygraph technique depends primarily on the circumstances under which the polygraph is being used. The test of a subject who is suspected of a specific criminal activity typically involves application of a different polygraph tech- nique than the examination of a prospective Gov- ernment employee. Some variation in technique is also related to examiners' training, but such dif- ferences probably affect the way in which a tech- nique is employed rather than which technique is used. A description of the instrument used in polygraph testing and an analysis of the types of test situations and polygraph techniques are pre- sented below. POLYGRAPH INSTRUMENT Although there are numerous variations in test- ing procedures, the polygraph instrument itself is fairly standard. The polygraph measures sev- eral, usually three, physiological indicators of arousal. Changes in physiological arousal exhib- ited in response to a set of questions are taken to indicate deception or truthfulness. The polygraph instrument, it should be noted, is not a "lie de- tector" per se; i.e., it does not indicate directly whether a subject is being deceptive or truthful. There is no known physiological response that is unique to deception (108,122,123). Instead, a pol- ygraph examiner obtains a subject's responses to a carefully structured set of questions, and based on the pattern of arousal responses, infers the sub- ject's veracity. This assessment has been called the "diagnosis" of truthfulness or deception (139). In actual field testing, subjects' physiological responses are measured by a three- or four-chan- nel polygraph machine that records responses on a moving chart. Usually, three different types of physiological responses are measured. The rate and depth of respiration is measured by pneumo- graphs strapped around the chest and the abdo- men. A blood pressure cuff (sphygmomanometer) placed around the bicep is used to measure car- diovascular activity. In modern polygraph instru- ments, sphygmomanometer readings are electron- ically enhanced so as to permit lower pressure in the cuff. The electrodermal response (EDR), a measure of perspiration, requires electrodes at- tached to the fingertips. This has also been re- ferred to as galvanic skin response (GSR) or skin conductance response (SCR). Each of these physi- ological assessments has been shown to be related to physiological arousal (36). There is some lit- erature to suggest that one or more of the physi- ological channels (EDR, in particular) is most sen- sitive (e.g., 123). Actual field testing, however, almost always involves measurement of all three types of responses. Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 TYPES OF TESTING PROCEDURES A polygraph examination normally takes any- where from 1 to 3 hours, although shorter or longer tests may result in a variety of circum- stances. The length of an examination depends on the purpose of the examination, as well as the sub- ject's attitude and a number of other factors. Ex- aminations may be very short because a subject "confesses" or may be lengthy when an examiner seeks to resolve an inconsistent or inconclusive pattern of responses. The examination can be di- vided into at least three components: pretest in- terview; question procedure; and post-test inter- view. The actual questioning aspect of the exam- ination, which may be repeated three or four times, lasts no longer than a few minutes for each question set (limited, in some cases, because the blood pressure cuff can be inflated for only 10 to 12 minutes without causing the subject undue dis- comfort). Each aspect of a polygraph test is described below in detail. Unless specifically noted, generally used polygraph procedures are described. Federal Government procedures are often different and, where important such dif- ferences are noted. The Pretest Interview The pretest interview has been considered an indispensable component of the polygraph exam- ination (121,139,194). The importance of the pretest is not only in its role to provide subjects with information about the examination and to inform them of their legal rights, but also in its ability to generate the psychological climate con- sidered necessary for a valid polygraph test. An important purpose of the interview is to persuade a subject that the examination is professionally conducted and that any deception attempted "will be very obvious to the examiner" (20). Such in- structions, it is thought, place truthful subjects at ease and increase anxiety in subjects who intend to be deceptive. Persuading subjects about the ef- fectiveness of the examination should sharpen dif- ferences between deceptive and nondeceptive sub- jects in their reactions to questions about a par- ticular incident. The pretest also allows the examiner to assess the effect of special conditions or circumstances which might affect physiological responsiveness. Thus, for example, subjects are typically queried about medical problems and use of drugs that could influence autonomic responding. Such as- sessments are usually made without collecting "hard" data, such as blood samples. Consent Procedures Depending on which polygraph method is em- ployed, as well as the subject's attitude and the situation under investigation, pretest interviews may take from 20 to 90 minutes (20,27). One as- pect of the pretest interview involves obtaining the subject's consent to be examined. Consent pro- cedures vary depending on the nature of the in- terview, most importantly between criminal or preemployment polygraph tests. According to Barland and Raskin (20), a typical polygraph ex- amination conducted as part of a criminal inves- tigation requires that the examiner advise the ex- aminee of his or her Miranda rights (or rights under the Uniform Code of Military Justice). The subject is also told that the polygraph examina- tion is voluntary. Subjects should also be in- formed whether or not the examination will be observed from outside the room or recorded. These disclosures are usually included in a writ- ten form which the subject is asked to sign. Ac- cording to Reid and Inbau (139), criminal suspects may already have been informed of their Miran- da rights and been asked to sign a consent form before coming to the examination room. Applicants for employment need not be advised of their right to speak with an attorney but may, depending on local laws, need to be advised about the voluntarism of the examination. In the case of such employment-related tests, along with a provision concerning voluntary consent, subjects will be told how the results of the examination will be used. Thus, for example, they may be told that a copy of the test results will be provided to the sponsor of the exam, that the subject has a Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 right to obtain a copy of the test results, that the subject will not be asked questions concerning such areas as political activities, union affiliations, racial or religious beliefs, or sexual activities unless these areas are specifically related to the issue under investigation (37). Examples of consent forms used in criminal in- vestigations by Federal agencies are shown in ap- pendix A. The contents of Federal consent forms vary somewhat by agency, although all require that the subject "voluntarily" consent to the ex- amination. Some agencies (e.g., Department of the Treasury (186)) indicate that the subject has the right to stop the examination at any time. Al- though the National Security Agency (NSA) re- ports that the full cooperation of the subject "is essential or the results will be inconclusive," NSA also reports (see app. B) that the polygraph exam- ination is part of the Agency's security process- ing, and that failure to complete processing (which includes polygraph testing) may result in failure to be accepted for employment. As discussed more fully below (see Current Federal Government Use), NSA conducts polygraph examinations pri- marily in the context of preemployment and peri- odic security screening; most other agencies con- duct polygraph examinations as part of specific- incident criminal investigations. The remainder of the pretest interview also varies. In the method taught to Federal exam- iners at the U.S. Army Military Police School (USAMPS)," the interview focuses on questions about the subject's background: employment, family, education, health, and any previous legal problems (20). The examiner aims to learn enough to assess the subject's readiness for the examina- tion and to prepare anxiety-provoking control questions, if they are to be used. The polygraph examiner then explains the polygraph technique to the subject and queries the subject in detail about the incident being investigated. Another form of the pretest interview advo- cated by Reid (founder of the Reid College of Lie Detection) in criminal investigations makes use of a structured series of questions and deempha- *The USAMPS provides polygraph examiner training for almost all Federal Government polygraph examiners, with the exception of CIA and NSA examiners. sizes gathering biographical data (77,139). Ques- tions deal with matters such as the subject's sus- picions about who committed the crime and the subject's feelings about the test. Questions are in- tended to provoke so-called "behavioral symp- toms" (139) that are believed to be indicators of deception. These symptoms include evasiveness in answering, or complaints that one's physical disabilities will invalidate the recordings. When an examiner who uses the Reid method later makes an assessment of truthfulness, this infor- mation is used to supplement the data gathered from the physiological measures. Whatever the format of the pretest interview, if control questions are to be used in the test, the last part of the interview will be used to design such questions and review them with the subject. In this phase, biographical and behavioral infor- mation collected earlier becomes essential. The in- formation permits the examiner to tailor control questions to the individual subject. The process of designing control questions is complex and is discussed further in the section below which de- scribes the control question technique (CQT). Testing Procedure Actual testing procedures have been described in detail by Barland and Raskin (20) and Reid and Inbau (139). Polygraph measuring devices, including pneumographs, a sphygmomanometer, and electrodes, are placed on the subject either during the pretest interview or at its conclusion. After the end of the pretest interview, the sphyg- momanometer is inflated, and the recording of responses begins. A short period, of about 10 to 15 seconds, is used to observe initial respiratory cycles (baseline) and to allow any initial response to fade; then, the examiner asks the first question. Between each question, the examiner waits about 15 to 20 seconds until the response to the last ques- tion is finished and physiological response is closer to baseline. The examiner notes on the chart when the exam begins, when questions are asked, and when it ends. Extraneous behavior that affects the recordings may also be noted. When questions for the first chart end, the examiner deflates the cuff. The examiner then inspects the chart and asks the subject about his or her reaction to the ques- tions. The usual purpose for obtaining subjects' Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 reactions is to allow refinements in the questions. The questions are reviewed again, and, when nec- essary, further clarified. The examiner may then administer a stimulation test, designed to improve test validity. The examiner will then continue to test and obtain two or three more charts in the same way. The examiner may use other stimula- tion tests between charts, and different question- ing techniques (see below) to record different charts. Different questioning techniques may then be used based on information revealed by the sub- ject. In most techniques, any new questions would be discussed with the subject before being asked. The procedure in preemployment screening or in other personnel screening tests may differ. Stimulation Tests Polygraph examiners typically conduct what is known as a "stimulation"or "stim" test, designed to further convince subjects of the accuracy of the polygraph examination. Although not actually a part of the pretest, stimulation tests can be given either before the first actual set of test questions or after the first chart has been recorded. Stimula- tion tests are intended to reassure truthful sub- jects and provoke anxiety in deceptive subjects (cf. 15). Their effect should be to increase differen- tial responsivity of deceptive and nondeceptive subjects to different questions on the examination. Some research suggests stimulation tests increase the validity of polygraph examinations (35,149). The most common "stim" test is a "number" or "card" test. A subject is instructed to select, from a deck, a card that has a number, word, or suit on the back, or to write a number within a certain range (50,57). Sometimes, the cards are secretly marked or otherwise arranged so that the examiner is sure to know the correct answer (139). Many polygraph examiners claim this is unnec- essary, however, because the technique is accurate enough without use of such deception (cf. 123), and secret markings are not employed by Federal agencies. The examiner then may repeat a range of suits, numbers or a set of words, asking the subject if each is the concealed item. The suit, number, or word that is actually the concealed item is supposed to provoke the greatest physio- logical response. Often, the examiner will show the subject the polygram (i.e., the actual chart recordings) to further convince subjects of the in- strument's efficacy. Types of Questions The central element of any polygraph examina- tion is the test of subjects' responses to a set of questions or items within questions. How these questions are structured represents the principal difference among polygraph techniques. There are four different kinds of questions or items used in polygraph testing, different combinations of ques- tions (generally referred to as question tech- niques), and different applications for the various techniques. Distinctions among questions and techniques are important. Only one type of ques- tion technique in one application (CQT in crimi- nal investigations) has been extensively researched (see chs. 4 and 5); and there are significant dif- ferences between CQT and other techniques. The range of questions, techniques, and applications is described more fully below. Questions The kinds of questions that are used for poly- graph testing have been labeled relevant ques- tions, control questions, irrelevant questions, and concealed information or guilty knowledge ques- tions. Basically, relevant questions are questions about the topic under investigation (a theft, drug use, contact with foreign agents). Suspects' re- sponses to relevant questions are of greatest interest to polygraph examiners. Control and irrelevant questions can be grouped together as questions used for purposes of comparison to relevant questions. It is impor- tant to note, however, that the name one gives to a question may depend on the specific context in which it is used. Thus, one cannot easily give an example of a relevant question or a control question because in different situations and at dif- ferent times during an examination relevant ques- tions may be used as control questions. Likewise, irrelevant questions may become relevant, de- pending on a subject's response (201). Relevant Questions Functionally, relevant questions are questions directly related to the focus of an investigation. Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 In the investigation of a theft, for example, a rele- vant question might be "Did you steal that money?" or even more specifically, 'Did you take $750 from Jones' office?" Relevant questions can be broader, however. In preemployment screen- ing and periodic or aperiodic screening, the area of interest may be the subjects' entire background. Thus, there may be a series of relevant questions, such as "Have you ever been fired from a job?" or, "Have you stolen more than $50 in moneys in any one year from any of your employers?" (115). Intelligence agencies may ask broad ques- tions concerning unauthorized contact with for- eign intelligence agents or involvement in com- munist activities. Questions in an intelligence screening may also deal with areas which, poten- tially, may make an applicant susceptible to blackmail. It is important to note, however, that when several relevant questions relating to dif- ferent issues are used, subjects are not expected to exhibit physiological responses to all of them; the relevant questions that do not evoke responses are used, after the fact, as a type of control question. To summarize, relevant questions are questions about the topic under investigation, but topics can be very specific (Did you take $750 from Jones' office?) or cover a long period of time and a varie- ty of acts (Have you ever stolen money from an employer? Have you ever had unauthorized con- tact with a foreign agent?). It is not clear what effect, if any, the breadth of a relevant question has on polygraph results, nor has there been any research done on this issue. As is discussed fur- ther in chapters 4 and 5, the preponderance of research evidence concerns the use of relevant questions to evoke reactions to specific acts. Comparison Questions In contrast to relevant questions, which con- cern issues of direct interest to the examiner, con- trol and irrelevant questions are used for purposes of comparison. As noted above, there is no known physiological response unique to lying. Thus, a polygraph examination could not consist merely of relevant questions. If only relevant items were used, an examiner would not be able to establish the actual reason for the response. There are a number of reasons, other than fear of detection (or another hypothetically lying re- lated reaction (19)) for a subject to become physi- ologically aroused during the presentation of rele- vant questions (48,108,136,194). Even with the addition of nonrelevant comparison items, it is necessary to run several polygraph charts using the same questions (though, perhaps in different order) to be sure that reactions are consistent. If several charts are not run, a subject's responses could be attributed to surprise, physical move- ment, or some reasons for concern other than a lying-related cause (203). On the other hand, the administration of several charts could theoretical- ly just repeat the initial situation leading to the physiological response if the cause were not a ran- dom one (e.g., presence at the scene, knowledge of the incident, concern over being falsely iden- tified). Thus, the essence of polygraph testing is the comparison of responses to the relevant ques- tions with responses to nonrelevant questions, which have been labeled control questions and irrelevant questions. Control Questions Control questions, then, are used for purposes of comparison. Essentially, truthful subjects are believed by polygraph examiners to be more con- cerned (and, thus, more physiologically aroused) about control than relevant questions. The re- sponses to both control and relevant questions are compared. However, control questions, like rele- vant questions, vary in breadth and type. One type of control question concerns what is hypoth- esized to be the same kind of issue that is under investigation at the time of examination. For ex- ample, a control question for "Did you take the $750 from Jones' office?" might be "Other than what you have told me [during the pretest inter- view], have you ever stolen anything in your life?" In an investigation of unauthorized disclosure of classified information, a control question might be "Have you ever betrayed anyone who trusted you?" Subjects innocent of the crime under in- vestigation are presumed to be more concerned about having ever done anything of this sort (and, thus, being the "kind of person" who might have committed the crime under investigation). It is theorized that although guilty subjects will also be concerned about control questions, they will Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 be more concerned about and thus exhibit more physiological reactions to relevant questions. There are a number of views, however, about what distinguishes a control question from a rele- vant question. One distinction among control questions is whether a question is inclusive or ex- clusive. Inclusive control questions are questions which include the specific incident under investi- gation. An example of an inclusive control ques- tion in an investigation of an internal theft would be "Have you ever stolen money from an employ- er?" Exclusive control questions, on the other hand, cover a period of time not including the in- cident under investigation. An example is, "Before age 18, did you ever take anything of value?" There is some controversy over how far back in time an exclusive control question must be set for the subject to consider it psychologically separate from the incident under investigation and, thus, not a relevant question. Because inconclusive con- trol questions may, from the suspect's perspec- tive, include the act under investigation, some polygraphers contend that they are really relevant questions; i.e., they cannot be used for purposes of comparison. The Federal Government, for ex- ample, typically uses exclusive control questions because it views inclusive controls as relevant questions. Examiners from the private polygraph firm of John E. Reid & Associates use both inclu- sive and exclusive control questions. Other kinds of nonrelevant questions other than those that cover the same kind of incident as the one under investigation, or which cover it in a different way, are also considered to be control questions. Thus, for example, "Have you ever fan- tasized about giving a document to a foreign agent?" is a type of control question used in some intelligence investigations. In some screening ex- aminations, in which contact with a foreign agent is of primary concern (i.e., constitutes the rele- vant question), "Have you ever done anything for which you are now ashamed?" could be a con- trol question. When a different issue than suscep- tibility to blackmail is under investigation, "Have you ever done anything for which you could be blackmailed?" can be used as a control question. It is noteworthy that in a different context, such as a broader screening examination, these would be considered relevant questions. Control questions, then, are questions for which the responses are designed to be compared to responses to relevant questions. In some screen- ing examinations, relevant questions may func- tion as control questions after the fact. That is, if a relevant question produces a relatively mild physiological response, it may be compared to other relevant questions that produce greater re- sponse. Most often, control questions are designed to be arousing for innocent subjects (i.e., those who are not being deceptive on the relevant ques- tions), relative at least to relevant questions. This is usually the central point of control questions, and is central to the control question technique (CQT) discussed below. Irrelevant Questions Another type of question used, in part, for pur- poses of comparison to responses to relevant ques- tions is the so-called irrelevant question. Examples of irrelevant questions commonly used in inves- tigations are; "Are you called [subject's name]?" or "Is today Tuesday?" Irrelevant questions are questions which are believed to have no, or very little, emotional impact on a subject. Thus, such questions can be used as an indicator of a partic- ular subject's normal baseline level of arousal; no universal standard of physiological arousal can be applied because individuals differ markedly. Irrelevant questions are hypothesized to serve pur- poses other than providing a physiological base- line (139). Perhaps most important, irrelevant questions interspersed among relevant questions are hypothesized to provide a type of rest period for the subject. Concealed Information Questions Questions about concealed information are the fourth type of question used in polygraph testing. Unlike control and relevant questions, which ask subjects whether they have committed a crime, concealed information items aim to detect infor- mation about a crime that only a guilty subject would have. Such information might include de- tails about the site of the crime or the means of committing it, such as the type of murder weap- on used. It is hypothesized that guilty subjects will exhibit a different physiological response to the correct (relevant) detail than to the incorrect de- Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 tails, but that innocent subjects will respond the same to all the items. Different types of concealed information tests are described below (see Con- cealed Information Tests). Summary For any technique, deception is detected by comparison of suspects' physiological responses on critical or "relevant" questions or items with their responses on noncritical (irrelevant or con- trol) items. Greater physiological responses to relevant items than to noncritical (control, irrele- vant) items are assumed to be indicative of de- ception. Polygraph Question Techniques Three types of question techniques combining the four question types are described below: the relevant/irrelevant (R/I) technique, the control question technique (CQT),and concealed informa- tion techniques. Each of these test types tends to be used for particular purposes; e.g., the R/I tech- nique is used in the great majority of preemploy- ment screening interviews, while CQT is normally used in criminal investigations. There have been adaptations of these techniques for other uses, some of which are discussed below. Also, exam- iners may combine different techniques in an in- vestigation (see, e.g., 139). In general, R/I has the broadest potential use while the concealed infor- mation techniques are the least applicable. Within each category, particularly CQT, there is consid- erable variability and several versions of each technique are employed. Relevant/ Irrelevant (R/I) Techniques The R/I technique was the first standard meth- od of polygraph questioning. The method was de- veloped by Marston (114), a psychologist and the original proponent of polygraph examinations. An adaptation of this traditional technique is used in most of the preemployment screening con- ducted in the United States. However, the R/I technique as used by the Fed- eral Government involves somewhat different types of questions than the traditional R/I, and it must be explained separately. As currently used by Federal examiners, the R/I relies on a type of control question, and is claimed to be a version of the control question technique. The versions discussed in this section are: 1. the traditional R/I; 2. the Federal version of the R/I; and 3. the R/I as used in typical preemployment screening tests. In a traditional R/I examination, the two types of questions used are relevant and irrelevant ques- tions. Deceptive subjects are assumed to have a significantly greater reaction to the relevant ques- tions than to the irrelevant questions. An under- lying assumption of this technique is that non- deceptive subjects should have an equal response to all questions, because, being nondeceptive, they would not fear questions about the crime any more than irrelevant questions. There are numerous well-recognized problems with the traditional R/I technique, at least from the perspective of psychologists who have eval- uated polygraph test validity (cf. 108,126,136). First, the intent of the relevant and irrelevant ques- tions is transparent, which means that the rele- vant questions are likely to be more arousing for the truthful as well as the deceptive subjects. Sec- ond, questions in the R/I technique are not usually reviewed with the subjects before the test. A larger response to the relevant question may, thus, be due to surprise or misunderstanding, as well as deception. Third, as with any question technique, reactions may be flattened by drugs or by the gen- erally reduced responsivity of certain subjects (136). These effects are probably more difficult to detect with R/I than with other question tech- niques. Because of these problems, the confidence one can place in the R/I technique is limited (136). As a consequence, the R/I technique is typically not used in the case of specific incident examinations by either public or private examiners. It is used almost exclusively with employees in nonspecific investigations. The Federal Government occasion- ally uses the traditional R/I and also a version of the R/I which is claimed to function as a con- trol question test. The Federal Government ver- sion of the technique is called the general ques- tion test (GQT). Like the Reid CQT (discussed below), it uses inclusive control questions, which pertain to the subject's entire life, such that a com- plete answer would also include the specific inci- Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 dent being investigated. Thus, with a question like, "Did you ever steal anything from a place where you worked?" the theft being investigated would in actuality be part of the answer. Tech- nically these are seen as "relevant" questions, because they are pertinent to the incident in ques- tion. Yet they are claimed to function as control questions, because they are intended to provoke a greater response in innocent subjects than ques- tions about the misdeed provoke. An adaptation of the R/I technique is the prin- cipal method of questioning used in preemploy- ment and periodic or aperiodic personnel screen- ing. Unlike the questions used with other tech- niques, R/I questions need not focus on one spe- cific wrongdoing (20,108). The examiner can, thus, use the method to assess any number of issues for which the subject's veracity is to be evaluated. In polygraph examinations used to screen em- ployees, the polygraph examiner usually presents a series of relevant questions, with several irrele- vant questions interspersed to provide a baseline. Most relevant questions ask about past behavior that might disqualify the subject from a job (e.g., employee theft, drug use, fighting on the job, in- curring a large debt). Some examinations may in- clude questions about a potential employee's background or intentions regarding a job, for ex- ample, "Did you actually graduate from college?" (201) or "Are you seeking a job with this com- pany for any reason other than legitimate employ- ment?" (115). Listed below is an example of ques- tions from a preemployment screening protocol used by a commercial firm (115; also see 56,204). Relevant questions: Did you tell the complete truth on your job applica- tion? Have you deliberately withheld information from your job application? Have you ever been fired from a job? Are you seeking a permanent position with this company? Since the age of () have you committed an undetected crime? Since the age of () have you been convicted of a crime? During the past year, have you used marihuana (sic) more than ( ) per ( )? Have you used any other narcotic illegally in the past () years? Have you sold marihuana (sic) or other narcotics ille- gally in the past ( ) years? Have you ever stolen more than ($ ) worth of mer- chandise in any one year from any of your employ- ers? Have you even stolen more than ($) in moneys in any one year from any of your employers? Have you ever used a system to cheat one of your em- ployers? Have you ever had your driver's license suspended or revoked? Have you ever had any traffic citations in the past five (5) years? Are you seeking a job with this company for any reason other than legitimate employment? Have you deliberately lied to any of these questions? The method used by John E. Reid & Associates employs four standard relevant questions: In the last five years did you steal any merchandise from previous employers? In the last five years did you steal any money from previous employers? In the last ten years did you take part in or commit any serious crime? Did you falsify any information on your application? These standard questions may be modified de- pending on admissions made during the pretest (e.g., a revision may be, "In the last five years did you steal any merchandise other than minor office supplies?"). In addition to the standard questions a fifth relevant question (e.g., concern- ing the illegal purchase or sale of merchandise; use of narcotics) may be added depending on the nature of the job. The Reid firm also uses what it regards as con- trol questions in preemployment interviews. Con- trol questions include, "Did you ever steal any- thing in your life?" and "Did you lie to any of the questions you answered during the applica- tion process for this job?" It is not clear, however, how the Reid preemployment control questions differ from the relevant questions. It seems rea- sonable to suppose that both truthful and non- truthful subjects (in terms of the relevant ques- tions) may be just as concerned with the subject matter of the control questions as they are with the relevant questions. It is also not clear why employers would be less concerned with the con- trol than with the relevant questions. Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 In the R/I questioning technique, a diagnosis of truthfulness or deception indicated is made by comparison of responses to each relevant ques- tion with the responses to the irrelevant questions and the remaining set of relevant questions (or in the Reid, and Army examples, control ques- tions). Presumably, an applicant will be decep- tive on no more than a few questions. These ques- tions will provoke a greater physiological response than the others, leading to further inquiries and an eventual diagnosis (56,204). Other types of questions are used in some screening examinations, such as questions about sexual practices or gambling. Such questions seek information about an applicant's character rather than his or her job performance and are consid- ered by some to be unduly invasive (173). In re- sponse to this practice, ethical standards have been developed for use of the polygraph in pre- employment screening (cf. 154), and some States (e.g., Illinois) prohibit their use. Preemployment polygraph examinations fall under the guidelines for emloyment interviewing of title VII of the Equal Employment Opportunity Commission, and so examiners are obliged to conduct the ex- aminations in a way that would not discriminate on the basis of sex, race, etc. (cf. 154). One cen- tral principle of ethical standards is that relevant questions be related to the job applied for. Whether questions meet this criterion depends on the job; e.g., information about one's driving record would be important in hiring a delivery person, but not in hiring a bank teller. Screening applicants for positions involving national securi- ty apparently require questions about sexual be- havior, drug use, and mental health as well as areas more directly related to national security (e.g., involvement in espionage). The range of topic areas covered in national security pre- employment screening examinations by NSA is discussed below under Current Federal Govern- ment Use. In so-called periodic or aperiodic checking for internal security purposes, employees are asked to submit to occasional polygraph examinations. These examinations can assess drug use, subjects' own or others' employee theft, and other matters including job satisfaction and commitment. In this type of examination, almost all of the questions are relevant questions and apparent deception (arousal) in response to any of the items is ex- plored. Examples of the kinds of questions used in aperiodic screening in a supermarket (204), include: Are you relatively satisfied with this job now? Do you, as far as you know at this time, intend to stay with this employer? Have you ever intentionally underpriced or under- weighed merchandise? Is there a particular person at your store that is respon- sible for damaging merchandise due to real careless- ness, not caring or intentionally? The relevant topic areas covered by NSA in a periodic screening are discussed later. Because of its use of control questions, the Federal version of R/I is discussed in the next section. Control Question Technique (CQT) The CQT is the most common technique used in investigations of a specific issue. The CQT was developed to deal with some of the inherent prob- lems in the traditional R/I technique (139). Like the R/I technique, it asks relevant questions about the crime like "Did you steal the $750 from Jones' office?" As with R/I, the deceptive subject is assumed to produce a greater autonomic response to the relevant than to other questions. But CQT also adds control questions, which, as discussed briefly above, are designed to provoke a greater response in subjects who are innocent and truthful about the crime being investigated. As discussed above, control questions are de- signed to be arousing for nondeceptive subjects. The questions are designed to cause innocent sub- jects to be doubtful and concerned about whether they have actually told the truth or told a lie. These questions usually probe for past misdeeds of the same general nature as the crime being in- vestigated but they are transgressions that poly- graphers suspect most people have "committed" or considered committing in some form (139). An example of a control question might be, "Before the age of 25, did you ever steal anything from a place you worked?" Control questions are de- signed to cover a long period of time, which may make the subject even more doubtful about the veracity of answers provided. Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Considerable attention in the pretest interview is devoted to development of control questions (139). The process of developing control ques- tions, reviewing them with the subject, and then refining them is designed to develop the most ap- propriate questions, and to convince subjects to view control questions as seriously as relevant questions. In addition, the pretest review is de- signed to get subjects either to be deceptive to con- trol questions or at least to be concerned about the accuracy of their recollections (20,37,91,139). It is considered crucial to produce in the subject the right psychological set in relation to the con- trol questions. This set is then thought to lead sub- jects to be more concerned about control ques- tions than relevant questions, and so to respond more to them physiologically. This difference be- tween response to control and relevant questions is then the basis for the diagnosis of deceptive or nondeceptive. Since the subject's psychological set is so crucial when control questions are used, dif- ferential responding to relevant or control ques- tions (and ultimately, the validity of CQT), de- pends on the nature of the interaction between examiner and subject. This is true regardless of the act in question, the particular CQT method used, or the method of making assessments of truthfulness or deception. Even the validity of an entirely computerized system of scoring and diag- nosis would depend on the nature of the interac- tion between examiner and subject. In this sense, CQT examinations, as the technology to conduct polygraph tests now stands, always require exam- iners to make important judgments about and in- terventions in their interaction with subjects. The polygraph examiner does not tell the sub- ject that there is a distinction between the two types of questions (control and relevant). Con- trol questions are described as intending to deter- mine if the subject is the "type of person" who would commit a crime such as the one being in- vestigated (136). The examiner stresses that the subject must be able to answer the questions com- pletely with a simple "yes" or "no" answer, that the polygraph will record any confusion, misgiv- ings, or doubts, and that the subject should discuss any troublesome questions with the examiner (20). Thus, the situation is set up such that the subject is persuaded that the examiner wants the truth. In reality, however, the examiner wants the sub- ject to experience considerable doubt about 4 is or her truthfulness or even to be intentionally deceptive. According to Raskin (91), "Control questions are intentionally vague and extremely difficult to answer truthfully with an unqualified 'No'." To produce the final version of a control ques- tion, the examiner begins by asking the subject a broad version of the question used in the pretest interview. Thus, for example, the question might be structured, "Did you ever steal anything in your life?" At this point, different polygraph ex- aminers use slightly different methods to handle the discussion of past wrongdoing in response to the control questions asked during the pretest in- terview. In the USAMPS method (91), if the sub- ject confesses to a small transgression in the past (e.g., taking home pencils from work), the exam- iner will dismiss it as of no consequence. For other misdeeds, the examiner will rephrase the control questions to rule them out (e.g., "Other than what we have discussed, did you ever steal anything in your life?"). The examiner will actively in- tervene to prevent subjects from unburdening too much of their anxiety over their past wrongs with the intention of keeping them concerned during the actual polygraph testing. Any troublesome past transgressions the subject brings up are ex- cluded (by such phrases as "Other than what we have discussed, ... ?") so the subject is always brought to the point at which he or she answers "No" to the control question. The control ques- tion is then ready to be used in actual testing. The Reid method varies from the Federal meth- od in some ways (139). If the subject does not ad- mit to a past wrongdoing, the examiner may probe until the subject admits to one, even a crime as small as stealing pocket change from a relative during childhood. Such transgressions are then ruled out by adding the kind of exclusionary phrase discussed above (i.e., "Other than what we have discussed, ... ?"). However, as in the USAMPS method, it is assumed at this point that the subject is either concealing other misdeeds or is worried that there are others he or she has overlooked (139). This worry has been heightened because of the examiner's emphasis on learning the truth to "ascertain" that the subject is not the Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 kind of person that could have committed the crime referred to in the relevant questions. In addition to relevant and control questions, irrele- vant questions are included during the actual in- terview in order to provide a baseline of physio- logical responsiveness. Several versions of CQT are regularly em- ployed and adaptations depend both on the train- ing of the examiners and the testing situation. The Reid version can include relevant questions about several aspects of the crime (139). For example, one chart could include questions about break- ing into an office, stealing a check, and then cashing it. Examiners who use Reid's CQT make a global comparison between the responses to the relevant and the responses to the control ques- tions. They also note the subject's behavior throughout the interview (as discussed above, the Reid technique includes a series of questions in the pretest interview designed to provoke certain "behavioral symptoms" in deceptive subjects). The examiner uses the global comparison of poly- graph responses supplemented by information about the behavior of the subject to make a judg- ment of the subject's veracity. An example of a Reid control question sequence, excluding the pretest behavior provoking items, follows (139): 1. Do they call you "Red?" (where the pretest inter- view had disclosed he is generally called "Red.") 2. Are you over 21 years of age? (or reference is made to some other age unquestionably but reasonably, and not ridiculously, below that of the subject.) 3. Last Saturday night did you shoot John Jones? 4. Are you in Chicago (or other city) now? 5. Did you kill John Jones? 6. Besides what you told about, did you ever steal anything else? 7. Did you ever go to school? 8. Did you steal John Jones' watch last Saturday night? 9. Do you know who shot John Jones? 10. Did you ever steal anything from a place where you worked? In contrast, Backster's (10) zone of comparison (ZOC) technique makes a diagnosis of deceptive or truthful from a standardized numerical scor- ing of the charts. Each relevant question is paired with a control question. Scores are derived for each relevant question by comparing it only with the previous control question. On each physiolog- ical measure, the examiner derives a "plus" (truth- ful) score if the subject responds more to the con- trol question and a "minus" (deceptive) score if the subject responds more to the relevant ques- tion. A positive score above a certain criterion level is diagnosed as truthful, a minus score below a certain level is diagnosed as deceptive, and scores in between are considered inconclusive. A version of ZOC is used by Federal polygraph examiners. The Federal version differs from the Backster ZOC in that it may ask about several aspects of the crime in one chart. Relevant ques- tions are asked about primary involvement (e.g., "Did you steal 7"), secondary involve- ment (e.g., "Did you help steal ?"), and so called evidence connecting (e.g., "Do you know where any of that money is now?"). In ad- dition to relevant, control, and irrelevant ques- tions, the Government ZOC test contains a ver- sion of the peak of tension test (see below), and "symptomatic" questions of two types. One type of symptomatic question (e.g., "Do you under- stand that I'm not going to ask any trick or sur- prise questions?") is designed to test whether the examinee trusts the examiner's word that no sur- prise questions will be asked. A large response is symptomatic of distrust. A second type of symp- tomatic question (e.g., "Is there something else you are afraid I will ask you a question about, even though I have told you I would not?") is to test whether there is some other issue the examinee is concerned about (e.g., another crime) that may be absorbing his or her arousal. Other versions of CQT or related techniques are also used by Federal agency examiners. One, the modified general question test (MGQT), re- sembles the Reid CQT with the following differ- ences: 1) only the polygraph charts are used to make determinations of truth and deception and global evaluations using inferences about behavior are dispensed with; 2) charts are numerically scored; 3) control questions exclusively concern a time and place separate from the time and place of the crime under investigation, with the inten- tion of clearly separating responses related to the crime and the control question; and 4) the con- tent of control questions is always related to the crime under investigation, i.e., control questions about theft are used to investigate a theft, con- Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 trol questions about assault are used to investigate assault, etc. Presumably, when unauthorized dis- closures are at issue, control questions would con- cern some sort of unauthorized disclosures in the past. To summarize, there are a number of control question techniques, the most commonly used be- ing the Reid CQT, MGQT, and ZOC. Despite dif- ferences among them, they share the same premise and underlying rationale. Use of each of the con- trol question procedures relies on subjects' not knowing when they are being asked the relevant and control questions. If they know which ques- tions are more important for scoring purposes they may be able to make anticipatory responses which could invalidate their charts (see ch. 6). Concealed Information Tests Another polygraph questioning technique works on an entirely different premise than either CQT or R/I. Instead of detecting deception about having committed a crime per se, concealed in- formation tests aim to detect whether a suspect has information about a crime that only a guilty subject would have or, in some cases (e.g., the actual amount of money embezzled) to detect the information itself. Such information might include details about the site of the crime or the means of committing it (e.g., the type of murder weapon used). Raskin (136) has aptly described these as "concealed information tests." Concealed infor- mation tests take two forms: the peak of tension (POT) test and the guilty knowledge test (GKT). POT was developed by Keeler (cf. 69) and has long been used in criminal investigations. The POT test uses a set of five to nine nearly identi- cal "yes or no" questions asking if the subject knows about a particular detail related to a crime. The detail may be a type of object used, or the color of an item. One question actually includes the relevant detail, while the others include plausi- ble but false details of a parallel nature. The ques- tions and the sequence in which they are asked are reviewed with the subject in the pretest inter- view. The subject is usually instructed to answer "no" to each question. The question with the true detail is usually presented in the middle of the sequence, so that the subject's physiological reac- tions will increase up to the critical question, where they will reach a peak, hence the name, and fall back down again. The card and number stimulation tests discussed above are actually ex- amples of POT. Barland and Raskin (20) provide a hypothetical example of a POT in a criminal case: 1. Regarding the color of the stolen car, do you know it was yellow? 2. Do you know it was black? 3. Do you know it was green? 4. Do you know it was blue? 5. Do you know it was red? 6. Do you know it was white? 7. Do you know it was brown? Occasionally, criminal investigators use the POT technique to discover and develop additional information about a case. The examiner asks the suspect about a series of details, but does not know which is actually relevant to the crime. The detail that provokes an exceptional physiological response is used as a clue in the investigation. For example, an examiner might use POT to deter- mine the exact location where stolen goods were hidden. This kind of examination is called a searching peak of tension test (20). The searching POT technique has been used, for example, in cases in which employees are suspected of hav- ing stolen money, but there is no evidence about the extent of the theft (108). The examiner asks the employee if he has stolen money ranging from a small amount to the entire amount taken. The amount that provokes the largest response is assumed to be the amount of the total that the employee stole. The GKT, described initially by Lykken (105, 106) works in much the same way as POT. GKT, however, often includes a larger set of questions, and the questions may be of the multiple-choice type rather than the "yes or no" type. Also, studies investigating GKT have only used the electroder- mal response, while POT tests have employed standard three-channel polygraph recordings. An example of two questions from a GKT used in a laboratory study by Lykken (105) is listed below: 1. If you are the thief, you will know where the desk was located in the office in which the theft occurred. Was it (a) on the left, (b) in front, or (c) on the right? 2. The thief hid what he had stolen. Where did he hide Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 it? Was it (a) in the men's room, (b) on the coat rack, (c) in the office, (d) on the windowsill, or (e) in the locker? There is a major difference, however, in the use suggested for GKT as compared to the use of the POT. POT is usually used as a supplement to a CQT, or as an aid in investigation. GKT, how- ever, has been proposed as an alternative to con- trol question techniques (92,107,108). Proponents argue that GKT may reduce the number of false positives, because it focuses on specific details that would be salient only to the perpetrator of a crime (108,110). Also, they claim, the validity of GKT can be substantially improved by increasing the number of questions on the test. Critics claim that it is especially susceptible to false negatives (136), that is, guilty persons not detected, and that GKT proponents do not adequately assess the conse- quences of false negatives. Concealed information tests have, according to several reviewers (e.g., 108,136), other important limitations. One problem is that they may not be widely applicable. Knowledge about an incident may not differentiate between a guilty and inno- cent person where, for instance, a suspect is pres- ent at the scene of a crime but claims that some- one else is responsible (108,136). Furthermore, concealed information tests require investigators to gather information that is not always possible to obtain, or must be disclosed to suspects in other parts of the investigation (136). In some cases, publicity about the details of a crime eliminates the possibility of a concealed information test, since the information is public knowledge (136). POST-TEST INTERVIEW Interspersed among test questioning and meas- urement of physiological responses are a number of opportunities for examiners to discuss the test with the subject. At each occasion, the examiner reviews the questions, and, depending on the re- sponses, questions subjects about their responses. At the end of the examination, the examiner will make an assessment of whether a subject is being deceptive or nondeceptive. In some methods, e.g., Reid's (139), the assessment is a global one em- ploying behavioral as well as polygraph data. But USES OF POLYGRAPH TESTING As has been implied in much of the above dis- cussion, polygraph examinations are used for a variety of purposes. The goal of all such applica- tions of the polygraph is the detection of decep- tion or substantiation of truthfulness. The nature of the test situation, however, leads to important differences in the way a polygraph examination is conducted. Unfortunately, the published re- search literature deals almost exclusively with the use of the polygraph by police and military ex- aminers for criminal investigations. The research literature on a number of important uses of poly- the USAMPS Backster's ZOC and other methods attempt to rely strictly on polygraph chart inter- pretation (11,20). In examinations conducted by the Federal Government, the final official deter- mination is made after supervisory review of poly- graph charts. If the subject is judged to be decep- tive during the examination, the examiner will at- tempt to elicit a confession. Usually, this is not done directly but is couched in terms of providing the subject with an opportunity to clarify/explain the responses and differences obtained. graph testing, such as for national security pur- poses and for employment screening, is extreme- ly limited. Current Use The majority of uses of polygraph testing ap- pear to be on behalf of private employers, the next greatest number are in the context of local criminal justice investigations, and the remainder are done by the Federal Government. Of greatest concern for the present analysis are the numbers and types Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 of examinations currently conducted by agencies of the Federal Government. This section will de- vote most attention to such uses, although local government and private use are briefly discussed in order to place Federal use in context. Current Federal Government Use In order to assess the extent of polygraph use among Federal agencies, the Office of Technology Assessment (OTA) conducted a survey of Gov- ernment use during May 1983. The request for information was sent to the Departments of Defense (DOD), State, Justice, Treasury, the U.S. Postal Service, and the Central Intelligence Agen- cy (CIA), all of which were believed to employ polygraph examinations. Information was re- quested about the number of examinations, pur- poses, and results, as well as about research con- ducted and/or planned (see app. B). At the time of this technical memorandum, all agencies ex- cepting CIA had provided written responses to the request for information about the number and type of polygraph examinations that have been administered. CIA declined to respond because of the classi- fied nature of the information. However, some data about CIA's use for background investiga- tions were reported in a 1980 study (165). The number of polygraph examinations are summa- rized in table 1. Table 1 indicates that Federal agencies reported administering a total of 22,597 polygraph examinations in fiscal year 1982. As shown in appendix B, about half of these were in the context of criminal investigations. Poly- graph examinations are also reported to be used for intelligence and counterintelligence investi- gations (some (NSA) at aperiodic intervals), and preemployment screening. The largest single num- ber of polygraph examinations conducted in 1982 were conducted by NSA, a component of DOD, primarily for preemployment screening. These numbers can be compared to previous surveys conducted in 1963, when Federal agencies, exclud- ing NSA and CIA, conducted 19,796 polygraph examinations, and 1973, when 6,946 examinations (including 3,081 by NSA) were conducted. As shown in appendix B, NSA reports that it uses primarily the R/I technique. NSA reports that counterintelligence-type screening examina- Table 1.-Polygraph Examinations Conducted by Federal Agencies, 19828 Department of Defense: Army Criminal Investigation Command ....... 3,731 Army, Intelligence Command 279 Navy ...................................... 1,337 Air Force ................................. 3,019 Marines .................................. 263 National Security Agency ................... 9,672 Department of Justice: Federal Bureau of Investigation ............. 2,463 Drug Enforcement Agency .................. 211 Department of the Treasury: Secret Service ............................. 714 Bureau of Alcohol Tobacco and Firearms ..... 256 U.S. Postal Service ........................... 652 Central Intelligence Agency ................... n.a.c Totals .................................... 22,597 aData were also reported for fiscal years 1980, 1981, and, in some cases year to date 1983. See app. B for complete report. bThe U.S. Customs Service (Department of the Treasury), Department of Health and Human Services, and Tennessee Valley Authority conduct a limited but unknown number of polygraph examinations. ?Classifled or partly classified. SOURCE: Office of Technology Assessment. tions-i.e., tests given to NSA (or affiliated) per- sonnel who already have access to classified in- formation-would have relevant questions on the topics of involvement in espionage or sabotage against the United States; knowledge of others in- volved in espionage or sabotage against the United States; involvement in giving or selling classified materials to unauthorized persons; knowledge of others giving or selling classified material to un- authorized persons; and unauthorized contact with representatives of a foreign government (187). Examinations that are given to applicants for employment and contractors who are apply- ing for access to Sensitive Compartmented Infor- mation (SCI) consist of questions about the topics covered in counterintelligence-type aperiodic screenings (phrased as "Do you plan to com- mit... 7") as well as questions about a broader range of issues: involvement in communist, fas- cist, or terrorist activity; commission of a serious crime; involvement in adult homosexual activi- ty; involvement with illegal drugs or narcotics; deliberate falsification of security processing forms; treatment for a serious nervous or mental problem (187). According to NSA, the scope of specific issue examinations is limited to questions that are relevant to the issue to be resolved. Pre- Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 sumably, specific issue examinations would be conducted using the control question technique. Current DOD regulations also allow the use of polygraph examinations to investigate situations in which credible derogatory information about an individual with clearance is provided to of- ficials. The frequency of this type of investiga- tion, however, was not reported. Prior to the President's National Security Decision Directive of March 11, 1983, use of the polygraph in per- sonnel investigations of competitive service ap- plicants and appointees to competitive service positions was limited to executive agencies with highly sensitive intelligence or counterintelligence missions affecting the national security (e.g., a mission approaching the sensitivity of that of CIA; see 188). Approval to use the polygraph could be granted for only 1-year periods. Refusal to con- sent to a polygraph could not be made a part of an applicant or appointee's personnel file. See chapter 3 for a description of proposed changes in Federal use of polygraph testing. Non-Federal Government Use Outside the Federal Government, polygraph ex- aminations are administered as part of criminal investigations, as well as preemployment screen- ing and periodic screening of employees for pur- poses of controlling internal crime and recom- mending promotions. Less frequent uses include examinations in such situations as paternity in- vestigations and workers' compensation cases. It has been estimated that over a million polygraph examinations are given a year (107), 300,000 of them for employment purposes alone (128). Both private and police polygraphers use poly- graph examinations in the process of criminal CONCLUSIONS What is often referred to as "the polygraph" is actually a set of relatively complex procedures for asking questions and measuring physiological re- sponses in order to detect deception or establish truth. Polygraph testing is employed for a varie- ty of uses, ranging from ascertaining the guilt of a criminal suspect to assessing the honesty of a investigations (see 136). In some cases (most typi- cally, rape and kidnapping cases, but also, for example, investigations of improper or illegal con- duct by public officials (177)), witnesses and vic- tims whose veracity is in doubt are asked to take a polygraph examination. Suspects who claim in- nocence may be asked by their defense attorneys or the prosecution to support their claim by tak- ing a polygraph examination. In such cases, pros- ecutors and defense attorneys may make infor- mal agreements to drop the charges if the poly- graph examination indicates no deception. Or, the prosecution and the defense may formally stipu- late that if deception is indicated, results of the polygraph examination will be admissible at trial. In some cases (New Mexico, Massachusetts, and the 9th Federal Circuit Court of Appeals (8,136, 156,157)) polygraph evidence has been admitted over objection. Polygraph evidence is also used occasionally in postconviction proceedings such as sentencing and motions for a new trial (136). In polygraph examinations as part of criminal in- vestigations, some version of the control question technique is typically used. The use of the polygraph examination by em- ployers is reported to be widespread (144). Al- though it is illegal to ask employees to take an examination in 19 States and the District of Co- lumbia, it is legal to do so in 31 States (8,156,157). Polygraph examinations are used most commonly in commercial banking, investment banking, and retail operations. In such settings, both risk of theft and fraud are high and, in addition, employ- ee turnover is high. The use of polygraph exam- inations is also recommended to employers as a check before making promotion decisions (204). prospective employee. Because different poly- graph procedures are required depending on in- tended use, it is necessary to consider validity by polygraph technique and situation. In subsequent chapters, such a variegated analysis is presented and the scientific and policy contexts are more fully described. Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Chapter ~; Controversy Over Polygraph Testing Validity Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Chapter 3 Controversy Over Polygraph Testing Validity INTRODUCTION The validity of polygraph examinations to de- tect deception has long been a controversial issue (cf. 108,136,194,195). Since development of poly- graph techniques almost 80 years ago, their use both within and outside the Federal Government has been the focus of numerous judicial opinions and, as well, legislative and executive branch debate. Polygraph examinations have been advo- cated as a way to ascertain guilt of criminal sus- pects, to exculpate innocent suspects, to protect national security, and to maintain employee hon- esty. Polygraph examinations have, at the same time, been criticized for providing inaccurate and misleading information, for failing to detect secu- rity risks (167), for interfering with the rights of private citizens (128), and for lowering employees' morale. At the center of controversy over the use of polygraph examinations is the question of its validity: does a polygraph examination actually identify truthful and nontruthful individuals? Recent interest in polygraph examinations and their validity stems from efforts to broaden Fed- eral Government use. The Department of Defense (DOD), in late 1982, drafted revisions to existing regulations (5210.48). DOD proposed expansion of the use of polygraph tests for preemployment screening and periodic or aperiodic testing of employees who have access to highly classified information. Currently, only the National Securi- ty Agency (NSA) and the Central Intelligence Agency (CIA) are able to use polygraph tests in this way. Expanded use of polygraph testing in all Federal agencies was made explicit in a Presi- dential National Security Decision Directive (Mar. 11, 1983, NSDD-84). In part, the directive requires agencies and departments which handle classified information to revise existing regulations to per- mit use of polygraph examinations as part of inter- nal investigations of unauthorized disclosure of classified information. Prior to the directive, in- vestigations of unauthorized disclosures had to be referred to the Department of Justice (DOJ). Employees who refuse to submit to a polygraph examination could, if NSDD-84 is implemented, be subject to adverse consequences. In October 1983, DOJ announced that administration policy would also permit Government-wide polygraph use in personnel security screening of employees (and applicants for positions) with access to highly classified information. Proposals to expand use of polygraph examina- tions to maintain national security have renewed the debate about the appropriateness of various polygraph techniques and their ability to detect deception. In order to provide a context for the present evaluation of scientific evidence on the validity of polygraph testing, previous assess- ments of accuracy of polygraph testing are re- viewed in this chapter. Legal precedents regarding polygraph testing and congressional hearings on its use, both within and outside of Government, are briefly considered. The chapter also describes scientific criteria for establishing validity and reviews other efforts to evaluate the scientific literature on testing. JUDICIAL REVIEWS When courts have been called on to resolve dis- putes concerned with use of polygraph examina- tions, they have had to consider both the tech- nique's validity and whether its use, however valid, interfaces with other values that the law seeks to protect. The varying decisions reached Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 by State appellate courts and Federal circuits (see 8) may in large measure reflect varying beliefs about the validity of polygraph examinations. In- deed, for many years, the leading case on the ad- missibility of novel scientific evidence (Frye v. United States (58)) was a case about the admissi- bility of polygraph evidence, and the opinion cen- tered on the question of validity. The issue of how a court is to decide the question of any scientific technique's validity has brought the Frye test into question in recent years and makes salient the problem of establishing judicial standards for assessing validity (60). Polygraph Findings as Evidence The Frye case involved a 19-year-old defendant convicted of robbery and murder. Prior to his trial, a well-known psychologist and one of the originators of polygraph testing, Dr. William Marston, administered a "systolic blood pressure test" to detect deception (e.g., 114). Dr. Marston determined, on the basis of this test, that Frye was truthful when he denied involvement in the rob- bery and murder. The trial judge, however, re- fused to permit Dr. Marston to either testify about the examination or conduct a reexamination using the blood pressure test in court. Frye appealed his conviction on the grounds that relevant exculpatory evidence had not been admitted. The appeals court, however, concurred with the initial trial court judgment. The court reasoned that the systolic blood pressure decep- tion test was validated only by "experimental" evidence and was not based on a "well-recognized scientific principle or discovery." The decision stated that, "while courts will go a long way in admitting expert testimony deduced from a well- recognized scientific principle or discovery, the things from which the deduction is made must be sufficiently established to have gained general ac- ceptance in the particular field in which it belongs. Just when a scientific principle crosses the line be- tween experimental and demonstrable is difficult to define." Ironically, Frye's conviction was later reversed when another man confessed to the crime, thereby providing Frye with more convincing corrobora- tion of his denials of guilt. This did not settle the case, however, and recent discussion of the facts of the case indicate that Frye was, indeed, guilty. The crude polygraph examination conducted by Marston, thus, appears to have yielded an inac- curate conclusion. The Frye test is still used as precedent in most Federal courts. Subsequent opinions (in areas other than the polygraph) have tried to better de- fine that line between "experimental" and "demon- strative" stages of a scientific innovation. For ex- ample, the court in United States v. Stifel (190) held that "neither newness nor lack of absolute certainty in a test suffices to render it inadmissi- ble in court." In a second case, United States v. Brown (189), the court also seemed to be con- cerned with validity: "The fate of a defendant in a criminal prosecution should not hang on his ability to successfully rebut scientific evidence which bears an 'aura of special reliability and trustworthiness,' although, in reality the witness is testifying on the basis of an unproved hypoth- esis in an isolated experiment which has yet to gain general acceptance in its field." The Frye test has been held to be too high a hurdle by some trial courts, which have replaced it with the test for admissibility of expert testimony generally: "testimony by a witness as to matters which are beyond the ken of the layman will be admissible if relevant and the witness is qualified to give an opinion as to the specialized area of knowledge" (190). A closely related question for the courts has been who should determine whether some pro- cedure has gained general acceptance in its field. Some have held that the courts must look to the judgment of the scientific community (e.g., 191). In other decisions, the court refused to "surrender to scientists the responsibility for determining the reliability of (scientific) evidence," and that "a determination of reliability cannot rest on a proc- ess of 'counting (scientific) noses.' " Saks and Van Duizend (145) concluded that whichever set of tests is employed, the courts are in a weak position to assess validity directly or to count scientific noses. The result has been: 1) general deference by the courts to the judgments of scientific communities; and 2) "numerous in- congruities ... where less reliable scientific and technological information is admitted but the ad- Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 mission of demonstrably more reliable techniques is delayed until the requisite consensus has formed" (145; see, also, 60). When the courts examine polygraph testing, they are faced with a series of dilemmas. To which "particular field" of expertise can the courts turn: physiology, psychology, polygraphy? If they look to the data themselves, what are they to make of it? As the present report suggests, validity assess- ment involves a complex situation and technique- specific answer. Even if a final, single accuracy rate could be established, how should a court use it. How accurate must a diagnostic or predictive technique be to be deemed valid for evidentiary purposes? Regularly admitted psychiatric evidence is widely recognized (including by the U.S. Su- preme Court, see Addington v. Texas, (2)) as hav- ing accuracy rates comparable to flipping coins (e.g., 55,208). In Barefoot v. Estelle (13) the Su- preme Court acknowledged that psychiatric pre- dictions of dangerousness and violent behavior do not exceed an accuracy level of 33 percent (see 118). Yet, this evidence was held admissible in Barefoot and sufficiently valid to uphold a deci- sion to execute a convicted person. In summary, then, the courts have found them- selves disagreeing on methods to establish validity for purposes of admissibility of evidence, where the critical focus of such judgment should rest. In addition, courts are inconsistent about what decision to make on the basis of judicial findings of fact regarding the validity of a diagnostic or predictive device. Laws Regulating Polygraphs in Employment Settings As described in chapter 2, screening employees is the most frequent application of polygraph test- ing. Many employers argue that use of polygraph testing for preemployment screening, periodic checking, and to resolve actual thefts is necessary. Internal crime has been estimated to cost private industry up to $10 billion annually (see 172), and polygraph testing is regarded as a cost-effective tool. Employers argue that screening applicants, and periodic checking of employees, are the most efficient ways to control pilferage, embezzlement, poaching, and other forms of theft. The need for polygraph testing is felt particularly in industries which have high risk of theft and fraud (e.g., com- mercial banks), high turnover (supermarkets, other retail operations), or both. According to Ansley (8), the use of private pol- ygraph testing is limited by statute in 18 States plus the District of Columbia. Most of these laws seek to protect employees from being requested, required, demanded, or subjected to polygraph examinations by their employers. Employers are reported to be able to find ways around these laws. For example, employers may tell the em- ployee that they suspect them of theft, but that if the employee can find a way to demonstrate innocence, the employer will not discharge the employee. In addition to polygraph validity, other polygraph-related concerns include issues of vol- untariness, invasions of privacy, being compelled to inform on other employees, inhibiting union activity, and the polygraph as a cover for racism and sexism. This list does not exhaust concerns that have been expressed. A survey of 143 private firms by Belt and Hol- den (25), regarding their use of polygraph testing, yielded a number of interesting findings. Twen- ty percent of respondents reported using poly- graph examinations for preemployment screen- ing, periodic surveys, and investigations of spe- cific onsite crimes. It is interesting that of reasons given for using or not using polygraph tests, users ranked moral or ethical considerations last and efficiency first; nonusers, however, ranked validi- ty and reliability second in importance, cost third, and the availability of qualified operators fourth in importance. The survey found a positive rela- tionship between a State having a licensing re- quirement for polygraphers and employers' use of polygraph testing. According to Ansley (8), 25 States have licensing requirements for polygraph- ers; licensing is optional in one State. Although there is testimony that use of poly- graph testing reduces employee crime (172), no formal cost-benefit analyses appear to have been conducted. In addition, there is no research on the predictive validity of polygraph results (72,144). Although employee issues are critical to proposed Government uses of polygraph testing, few data are available on Government employees (see chs. 4 and 5). Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 One additional area of controversy has con- cerned employee rights and employer-employee relationships. The general matter of invasion of privacy is particularly pertinent in preemployment screening and periodic checking. In preemploy- ment screening, the range of questions that may be asked has been subject to particularly heavy criticism. Questions have been reported to include items concerning union activity, sexual prefer- ence, and family problems (169); and, in addition, willingness to make a commitment to the job (144), and whether the respondent has ever been tempted to steal (71). During periodic checking, respondents are sometimes asked not only about their own possible improper behavior (e.g., un- derringing in supermarkets), but also about their level of job satisfaction, intention to remain with the employer, and activities of their fellow em- ployees (204). There is some concern about whether prejudices of the polygraph examiner based on racial, ethnic, and gender stereotypes bias employees' responses (144). These assertions do not appear to have been researched. And no related claims under Title VII of the Civil Rights Acts have been upheld. One argument against the use of polygraph ex- aminations in the employment situation is that it destroys the trust relationship between employers and employees, and creates employee dissatisfac- tion. However, the few employee surveys that have been conducted have not supported this ar- gument. Apparently, five studies have examined whether the use of the polygraph causes private sector employees to be dissatisfied. In one study (144), 96 percent of applicants were willing to take a polygraph examination to get a job, 86 percent of the applicants thought the preemployment ex- amination was fair, and 88 percent were willing to take it routinely as a condition of employment. A problem with the study was that applicants were surveyed immediately after taking the poly- graph examination so they may have thought their responses were part of the screening process. In the one known survey of Federal employees, the Air Force (183a) surveyed individuals who had volunteered to participate in a pilot project on the use of the polygraph for counterintelligence/se- curity examinations. About 99 percent of the re- spondents felt that the examinaton was fair, and were willing to take an examination for counter- intelligence purposes. FEDERAL DEBATE OVER POLYGRAPH VALIDITY Concern about and debate over Federal Gov- ernment use of the polygraph have emerged at several points during the past 20 years. As shown in figure 1, the history is essentially one of legis- lative concern triggered by some executive branch proposal or action regarding polygraph testing. The questions raised by Congress have included constitutional and ethical as well as validity issues. However, the scientific validity and reliability of polygraph testing has been and is a central con- gressional concern. This chapter briefly describes the history of Federal Government involvement with the issue of polygraph validity. The 1960's Congressional interest first intensified in 1963 when controversy developed over an executive branch proposal to use lie detectors to find the source of unauthorized disclosures of sensitive or classified information, sometimes known as "leaks" (192). The then chairman of the House Committee on Government Operations asked the Foreign Operations and Government Information subcommittee to study the Federal Government's use of polygraphs. The study found that, exclud- ing the National Security Agency and Central In- telligence Agency (for which information was classified), Federal agencies had conducted 19,796 polygraph examinations in 1963. In 1964, the sub- committee held hearings and received testimony from private polygraphers, researchers, and Fed- eral officials. In a 1965 report (167), the House Committee on Government Operations concluded that there was no scientific evidence to support the theory of the polygraph, and that the research Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 m y C? C y L U O C O m y 0- - ~~? V y N A T O NNUNGQC 16 N~?~ E~? O? >O M Obi O c~pp m C d p._ c m c` `- o' N T GNcn U-; O.C O QL-y nE>N y 0- E 2 E p c^ ?' n- " n c y ? ? w v an d E ?- `m N c o Y ' _ C m '~ EO (n 0 A ?_ O m E Co C O i0 c' :-' c? o H m i m ? E . dy ~~ c O io ?a= ~a=~z cwo ore o c o co ?c?.?oo.? ` ~ 3 tO m O ~ cO rn da i i d Z UdE aE . E cn $Ec!3 ai a ? v p wE~ oy =c: J (n _ 0 N A? C C O O N a Y C N o 0) Co D O y L m O tCOm NO NTyy oA 12 O OO> Na y O d... 1 O.m.. ~? C m m:E U O dN:... 22cn OUS O_P Cl) ? O o CO m y n> E iii Q U y O ~> U' rn Q ycho ?'U > y LmT?E= ?=mcm0 acio >aE`" ATE?-~c?cEia m m ~'~oLLm 01 m E ' a O m U U L ? y m y y m O moE ooo o'er OCa y(n cn x C - E w O U C70 C7 cr- ` > 0 3 D o ~ cn o o 3?C7mn o `-"ot En a~ - 01 m c U m y yo_ n? A m c E O) A m 3 ~'~i n E o o- cn n n CO E u-i ny m L ` > U d N N U T N C N n 'a 5 Co cn m E? r? d E ? O O? a>>>a~E m Co O O O.O OOU OC !!~2 C70U Co m = co E m O Om o tw do= ? Co > N0 O y C 00 d=o om cn C cm c) cn i . E m > ~ ~ G ! ' Y G> K~cAi cuace V > O G ~ mum ch -cm~mo . N ~ an d mE J nm Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 evidence as to its accuracy was inadequate. The committee recommended that further research be conducted and training for polygraph examiners be upgraded, and that the President establish an interagency committee to study and work out so- lutions to problems posed by Federal Government use of polygraphs. Later in 1965, an interagency polygraph com- mittee of representatives from DOD, CIA, DOJ, Bureau of the Budget (now Office of Management and Budget), Office of Science and Technology (now the Office of Science and Technology Poli- cy), and other executive agencies was established. The interagency committee concluded that: 1) there was insufficient scientific evidence concern- ing the validity and reliability of polygraph test- ing; and 2) the use of the polygraph constituted an invasion of privacy of the individual being in- terrogated. The committee recommended that the "use of the polygraph in the executive branch should be generally prohibited, and permitted only in special national security operations and in certain specified criminal cases" (166). The rec- ommendations made at that time concerning per- sonnel screening were promulgated as Civil Serv- ice regulations on regulating the use of polygraphs in personnel investigations of competitive service applicants and appointees to competitive service positions (ch. 736, app. D, of the Federal Person- nel Manual). According to these regulations, which are still in effect, only executive agencies with highly sensitive intelligence or counterintel- ligence missions directly affecting the national se- curity such as "a mission approaching the sensi- tivity of that of the Central Intelligence Agency" are permitted to use the polygraph for employ- ment screening and personnel investigations of ap- plicants for and appointees to competitive service positions. All other uses of a polygraph to screen applicants for and appointees to competitive posi- tions are forbidden. The regulations also set forth steps for deter- mining whether agencies met the criteria of hav- ing a highly sensitive mission, and stipulated that approval to use the polygraph would be granted only for 1-year periods. Agencies intending to use the polygraph for personnel screening were re- quired to prepare regulations and directives meet- ing certain minimum standards. The minimum standards included directives concerning the spe- cific purposes for which the polygraph may be used, and directives that a person to be examined must be informed as far in advance as possible of the intent to use the polygraph and of the fact that refusal to consent to a polygraph examina- tion will not be made a part of the person's per- sonnel file. Also in response to the House Government Operations Committee's 1965 report, DOD pro- posed, and in part undertook, an extensive poly- graph research program. And in July 1965, DOD issued directive 5210.48 (177) to regulate the con- duct of polygraph examinations and improve se- lection, training, and supervision of its polygraph operators. Some of the results of the DOD re- search program were later reported in a scientific journal (29), but other reliability and validity studies proposed were never carried out (183). Between 1967 and 1973 a number of bills were introduced which would have either limited the questions that could have been asked or banned altogether polygraph use by Federal agencies (170). None of these bills was enacted. The 1970's Ten years after the 1964 hearings, this same House Government Operations subcommittee conducted another review of polygraph use by Federal agencies (169). In 1974 hearings, the sub- committee found that the use of polygraphs in the Federal Government had declined substantially since 1963. In fiscal year 1973, a total of 6,946 examinations were conducted, including 3,081 by NSA. This compared to 19,796 in 1963, excluding NSA and CIA. Tne subcommittee also found that there was not much additional research on poly- graph validity. The only federally funded studies conducted had been those reported by the DOD Joint Services Group (183), and these studies were considered by DOD to be inadequate for deter- mining the validity and reliability of Federal polygraph testing. In a 1976 report based partly on the 1974 hear- ings, the House Government Operations Commit- tee concluded that "the nature of research under- taken, both federally and privately funded, and Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 the results therefrom, have done little to persuade the committee that polygraphs ... have demon- strated either their validity or reliability in dif- ferentiating between truth and deception, other than possibly in a laboratory situation" (171). The 1976 report concurred with the 1965 report that "There is no 'lie detector' " (171). Because of the polygraph's "unproven technical validity" and the suggestion that the "inherent chilling effect on in- dividuals subjected to such examination clearly outweighs any purported benefit to the investi- gative function of the agency," the Committee recommended a complete ban on the use of pol- ygraphs by all Federal Government agencies for all purposes. However, 13 committee members dissented, asserting both that the hearings had been held during an entirely different Congress, and participated in by an entirely different group of Members, and that, while testimony at the hearings represented a wide diversity of views, no witness had urged prohibition of the polygraph for all purposes. The dissenters urged adoption of the recommendations originally proposed and voted on by the members who had participated in the hearings. These recommendations would have, in part, prohibited the use of polygraphs in all cases except "1) those clearly involving the Nation's security, and 2) those in which agencies can demonstrate in compelling terms their need for use of such devices for their law enforcement purposes, and that such uses would not violate the fifth amendment or any other provision of the Constitution." The concern with scientific validity and its implications for the Federal Government's use of polygraph testing arose again in 1979 at hearings held on preemployment security clearance proce- dures by the House Permanent Select Committee on Intelligence, Subcommittee on Oversight (175). The subcommittee found that there had been in- sufficient research on the accuracy of the poly- graph technique in screening job applicants and that "gaps in the statistics kept by the intelligence services do not make it possible to make the clear judgment that the polygraph is unique and indis- pensable" (173). The Director of Central Intelli- gence (DCI) was urged to conduct a study to vali- date the accuracy of the polygraph for preemploy- ment screening. DCI did conduct a study in 1980 to examine the utility of polygraph tests, but it was not a validity study (165). As shown in figure 1, in addition to interest in Federal use of polygraphs, Congress has shown interest in the use of polygraph examinations by private employers, in part because of constitu- tional and privacy issues (see, e.g., 169,172,173; the Privacy Protection Study Commission Report (128) mandated by Public Law 93-579; and several laws introduced since 1967). Various congres- sional committees have questioned the validity of polygraph testing in a private employment con- text, in particular as a condition for employment. Nevertheless, attempts to enact Federal legislation regulating the use of polygraph examinations by private employers and/or the Federal Government have not been successful. The 1980's In the recent past, the executive branch has again taken initiatives concerning the Federal use of polygraph testing. In April 1982, a DOD select panel reviewed the DOD personnel security pro- gram (180) and expressed dissatisfaction because of inconsistency in polygraph use across compo- nent programs (as did the U.S. Congress (173)), and the lack of reinvestigations. The panel ob- served that military personnel, unlike civilians, were appointed to NSA and allowed access to Sensitive Compartmented Information (SCI) with- out undergoing a polygraph examination. In ad- dition, personnel could continue to get clearances throughout their careers without ever being sub- ject to reexamination. The DOD panel recom- mended a broadened application of the polygraph for security screening purposes, and selective use of counterintelligence scope polygraph examina- tions during periodic reinvestigations. The panel noted that the recommended expanded use of the polygraph would require changes in DOD Direc- tive 5210.48. On August 6, 1982, the Office of the Deputy Secretary of Defense (39) issued a memorandum requiring employees with SCI access to agree to submit to polygraph examinations on an aperiodic basis, and revised DOD Directive 5210.48 accord- ingly. Later in 1982 and again in early and mid- 1983, further revisions to DOD Directive 5210.48 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 were drafted (181). In 1983, the President issued a National Security Decision Directive (NSDD-84) also authorizing broader use of the polygraph. Congress responded to these developments by conducting several sets of hearings, by requesting OTA and General Accounting Office studies, and by passing an amendment to the DOD appropria- tions authorization bill (S.675) putting a morato- rium until April 15, 1984, on any revisions to DOD Directive 5210.48 retroactive to August 5, 1982. On October 19, 1983, DOJ announced a new administration polygraph policy that would permit further expansion in polygraph use. The DOD draft revisions, NSDD-84, and administra- tion polygraph policy are discussed in more detail below. Draft Revisions to DOD 5210.48 The draft revisions to the DOD polygraph reg- ulations have gone through several iterations. For the purposes of this validity study, a primary pro- posed revision (as of the March 1983 draft) is to authorize the use of the polygraph for deter- mining initial and continuing eligibility of DOD civilian, military, and contractor personnel for access to highly classified information (SCI and/or special access). The use of the polygraph in deter- mining continuing eligibility would be on an aperiodic (i.e., irregular) basis (181). Also, the proposed revisions provide that re- fusal to take a polygraph examination, when established as a requirement for selection or assignment or as a condition of access, may, after consideration of all other relevant factors, result in adverse consequences for the individual. Ad- verse consequences are defined to include non- selection for assignment or employment, denial or revocation of clearance, or reassignment to a nonsensitive position. Technically, these expanded uses of the poly- graph are considered to be part of personnel secu- rity investigations. Use of the polygraph within DOD is already authorized under the existing 1975 version of 5210.48 for various criminal, counter- intelligence, and intelligence purposes. A detailed review of the proposed changes is beyond the scope of this technical memorandum. NSDD-84 On March 11, 1983, the President issued a Na- tional Security Decision Directive intended, ac- cording to DOJ officials, to help safeguard against unlawful disclosure of properly classified infor- mation. One provision of NSDD-84 requires that persons with authorized access to classified infor- mation sign a nondisclosure agreement, and that persons with access to SCI must also agree to pre- publication review. These provisions are outside the scope of this memorandum, as is a full analysis of NSDD-84. With respect to the polygraph, NSDD-84 in effect authorizes agencies and departments to require employees to take a polygraph examina- tion in the course of internal investigations of unauthorized disclosures of classified examina- tions. NSDD-84 also provides that refusal to take a polygraph test may result in adverse conse- quences. NSDD-84 permits administrative sanc- tions, including denial of security clearance, to be applied even when a person is not subject to a criminal investigation (184). Administration Polygraph Policy On October 19, 1983, DOJ announced a com- prehensive administration policy on Federal agen- cy polygraph use. The policy authorizes poly- graph testing: 1. as a condition of initial or continuing employment with or assignment to agencies with highly sensitive responsibilities direct- ly affecting national security; 2. as a condition of access to highly sensitive categories of classified information; 3. to investigate serious criminal cases; and 4. to investigate serious administrative miscon- duct cases including unauthorized disclosure of classified information (185a). The policy in essence authorizes use of the poly- graph on a Government-wide basis for the ex- panded polygraph uses proposed by DOD. Thus, for example, the policy provides agency heads with the authority to give polygraph examinations on a periodic or aperiodic basis to randomly selected employees with access to highly sensitive information, and to deny such access to employ- ees refusing to take a polygraph exam. Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 SCIENTIFIC VALIDITY AND POLYGRAPH RESEARCH REVIEWS Thus, recent polygraph policy actions have renewed interest in and debate over the scientific validity of the polygraph. Reviews of scientific literature form the principal means to cumulate research findings and are especially important in order to assess the validity of polygraph testing. Single research studies, no matter how well con- ducted, cannot answer global questions about va- lidity and must be considered in relation to other evidence. Both because research evidence about polygraph testing has rapidly increased, especially within the last 10 years, and because there have been disagreements about the nature of evidence about polygraph testing, there have been a num- ber of such reviews. These reviews are important, because they are frequently cited in both legal and legislative considerations and because they serve to shape future research. Underlying each of the reviews is the applica- tion of a set of criteria, only sometimes made ex- plicit, regarding the validity of individual studies and their implications for overall assessments of polygraph testing accuracy. As introduction to the scientific reviews, the nature of these criteria is described. The reviews, themselves, are then summarized and a preliminary analysis of discrep- ancies among reviews is presented. More detailed analysis of individual validity studies is provided in chapters 4 and 5. Definitions of Scientific Validity Validity The validity of polygraph testing means, in nontechnical terms, accuracy of the test in detect- ing deception and truthfulness. The problem of assessing polygraph validity is especially difficult, not only because polygraph tests take a number of forms, but also because validity has different dimensions and can be measured in a number of ways. There are, as a result, a number of different forms of validity associated with polygraph ex- aminations depending on the type of polygraph test as well as on its use (e.g., employee screen- ing v. investigation of a criminal suspect). These difficulties underlie, in part, the failure to have developed assessments of polygraph validity that are accepted by the scientific community. In order to make explicit the criteria for validity used in this assessment, below are described sev- eral dimensions of validity and how they are as- sessed. This description is based both on standards for psychological /psychometric tests (cf. 3,5) and criteria to evaluate research designs (cf. 41,147). Although criteria for validity can be described ob- jectively, it should be noted that it is essentially a qualitative judgment as to whether (or, to what extent) a given criterion is met. In addition, assessments of the "preponderance" of evidence necessary in order to assess the overall validity of polygraph testing are similarly subjective. In chapters 4 and 5, a systematic analysis of avail- able research is attempted, although it should be recognized that there are a number of ways to conduct such evaluations, each of which may yield a somewhat different outcome. Reliability Assessment of any test's validity is based on the assumption that the test consistently measures the same properties. This consistency, known as relia- bility, is usually the degree to which a test yields repeatable results (i.e., the extent to which the same individual retested is scored similarly). Reliability also refers to consistency across ex- aminers/scorers. A reliable polygraph test should yield equivalent outcomes when subjects are re- tested and, as well, be scored similarly by indi- viduals other than the initial examiner. For ex- ample, if a polygraph examiner reviewed a set of charts and concluded that a subject was decep- tive, any other polygraph examiner should be able to review the same charts and conclude that de- ception was indicated. This illustrates interrater- reliability. Such reliability might be affected by the amount and type of training of examiners. The present study focuses primarily on validi- ty because if a testing procedure is not measur- ing what it purports to measure (validity), it mat- ters little that it can measure the same thing again and again. Examiners who consistently agree that they are seeing "deception" may in fact be measur- Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 ing anxiety or some other form of arousal. Relia- bility is, however, a necessary condition for va- lidity to be established. A test that is valid will, necessarily, be reliable. Construct Validity Construct validity refers, in broad terms, to whether a test adequately measures the underly- ing trait it is designed to assess. A polygraph test is designed to detect deception. It is therefore im- portant to clearly define the construct of decep- tion, and distinguish it from other concepts such as guilt. To measure construct validity, it is necessary to both describe the construct and show its rela- tion to a conceptual framework. Construct valida- tion, thus, requires that a test be based on some theory or conceptual model. Since different types of polygraph tests have different theoretical bases (see ch. 2), there are multiple forms of construct validity for the polygraph. Construct validity is established by various means. Most important- ly, based on theoretical predictions of how items should interrelate or how other tests should inter- correlate, actual evidence (e.g., scores from simi- lar tests) is examined. If no such predictions are possible, it is impossible to establish construct validity. Criterion Validity Although from a theoretical point of view con- struct validity is most important, from a practical point-of-view, criterion validity is the central component of a validity analysis. This aspect of validity refers, in the case of polygraph examina- tions, to the relationship between test outcomes and a criterion of ground truth. In this respect, criterion validity is what is meant by test accura- cy. In the absence of construct validity evidence, however, it is difficult to determine to what ex- tent criterion validity data can be generalized. In some situations, it is not clear which aspects of a test are responsible for accuracy, and what fac- tors cause a test to be inaccurate. Research Design The above validity criteria are those which are typically assessed in considering evidence about the usefulness of a test. A related set of validity crtieria are also used to evaluate the validity of any single study design. These research design cri- teria include, most importantly, internal and ex- ternal validity (cf. 41,147). Internal validity refers to the degree to which a study has controlled for extraneous variables which may be related to the study outcome. Ex- ternal validity refers to the established general- izability of a study to particular subject popula- tions and settings. Internal validity in the case of a study of polygraph testing is usually enhanced by the presence of control groups. Typically, such conditions of an experiment permit analysis of variables such as different question formats. In most field studies, internal validity is difficult to establish since the investigation cannot control or, in many cases, have definitive knowledge about whether a subject is guilty or innocent. External validity is simply the nature of the sub- jects and settings tested. The broader the popula- tion examined and the type of setting investigated, the wider that study's results can be generalized. In a parallel way, the more similar the research situation to the "real life" situation, the greater a study's external validity. Evidence about exter- nal validity is developed both from investigations that test a broad range of subjects and situations and from investigations that identify subject and setting interactions with polygraph test outcomes. The broader the population examined and the type of setting or the more similar it is to the situa- tion for which one wants to use a test or a the- oretical construct, the greater a study's external validity. False Positives and Negatives With any test, the possibility exists of false pos- itives and negatives. False positives are decisions that individuals are being deceptive when they are providing truthful responses. Their charts are scored as showing a "deceptive" reaction for some other reason. False negatives are decisions that in- dividuals are not being deceptive when in fact they are being deceptive. There are a number of rea- sons why such false outcomes might be obtained and, in part, they depend on the criteria (e.g., amount of physiological change) used to indicate deception or truthfulness. Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 The rate of false positives or negatives is sometimes difficult to establish because, in re- search studies, a number of criteria for deception/ nondeception may be applied. Thus, for exam- ple, in studies which employ numerical scoring for polygraph charts, depending on the scoring system (e.g., cutoff points), different diagnoses will be made. The rate of false positives and negatives may also depend on the examiner's per- ception of the "base rate" of guilt/innocence. In some cases, the examiner will deal mostly with deceptive subjects (e.g., in certain criminal investigation contexts) and, thus, may be predis- posed to make false positive diagnoses. In other settings (e.g., some personnel screenings), an ex- aminer may test only a small number of decep- tive subjects and, then, may be predisposed to false negative decisions. Regardless of rates, assessment of conditions that cont 'ibute to either type of error is a focus of the resea ch literature. Reviews of Polygraph Validity Since at least 1973, a number of polygraph re- searchers and psychologists interested in physio- logical detection of deception have reviewed avail- able scientific literature to assess the validity and reliability of polygraph testing. Most such reviews focus on studies of criterion validity, although a growing number of investigations deal with con- struct validity. The most important difference among these criterion studies has to do with whether they are conducted in actual field situa- tions or in "analog" situations. Field Studies For purposes of this technical memorandum, field studies are those studies or "naturally" occurring polygraph test situations; i.e., studies in which the researcher does not exercise experi- mental control over the situation in which the crime or other event occurred. Not exercising ex- perimental control means that the researcher does not systematically assign people to conditions of, for example, guilt or innocence. We refer here to "field" studies but others (e.g., 7) use the ter- minology "real" cases (v. "laboratory"). Abrams (1) differentiates between the laboratory and "ac- tual criminal cases." In polygraph field studies, polygraph examin- ers' decisions are compared against some post hoc determination of whether suspects are guilty or innocent; i.e., "ground truth." These post hoc determinations may, in different studies, consist of confessions by the presumably guilty party, decisions by a panel of attorneys or judges assem- bled specifically for a particular study who base their decisions on investigative files excluding references to polygraph decisions, judicial out- comes (dismissals, acquittals, convictions), as well as other criteria. The fact that determinations of guilt or innocence are made post hoc makes draw- ing conclusions from field studies difficult (126). In real life situations, truth is seldom available (62). Attempts to use confessions, panel judgments, judicial outcomes, and other criteria as indicators of truth have their own problems. Individuals may confess to crimes which they did not com- mit (108). In addition, individuals are sometimes falsely convicted (34). Panel decisions may be gen- eralizable only to cases in which sufficient inves- tigative information is available to make a deci- sion without the addition of polygraph testing. One can never be certain that the panel decision is indeed correct, and the panel and the polygraph examiner may have been exposed to the same prior information (62). Thus, while field studies provide the most direct evidence about polygraph test validity, they have been criticized because they do not adequately meet the standards of "ground truth" to establish criterion validity. Comparison of Reviews A number of independent reviews (listed in table 2) of the field evidence on polygraph testing were assessed in order to determine reasons for differences among reviews. The reviews differ in a number of respects. In part, reviewers' conclu- sions differ because they include different kinds of studies and even different studies (despite, in several cases, having had the same studies avail- able to them). In addition, some reviews differen- tiate between accuracy in detecting deceptive v. nondeceptive subjects, emphasizing the problems of false positives and false negatives; others ag- gregated the overall accuracy rates across both groups of subjects. Finally, there are differences Approved For Release 2010/05/21: CIA-RDP87S00869R000600020001-8 Approved For Release 2010/05/21: CIA-RDP87SO0869R000600020001-8 Nt`j C T Q " c0 Y0 N co C " U) co YT -J L _ N O 2rn N O C! 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