Editing Polygraph (section)

===United States===
[[File:DOD polygraph brochure.pdf|thumb|Brochure of the [[Defense Security Service]] (DSS) about polygraph testing]] [[File:Administration of Polygraph.jpg|thumb|Demonstrating the administration of the polygraph, the polygrapher making notes on the readouts. 1970s]]
[[File:NSApolygraphvideo.webm|thumb|"The Truth About the Polygraph" ([[National Security Agency]] (NSA)-produced video on the polygraph process)]]
In 2018, [[Wired (magazine)|''Wired'' magazine]] reported that an estimated 2.5 million polygraph tests were given each year in the United States, with the  majority administered to [[paramedics]], [[police officers]], [[firefighters]], and [[State police|state troopers]]. The average cost to administer the test is more than $700 and is part of a $2 billion industry.<ref name=wiredcost>{{cite news |last=Harris |first=Mark |url=https://www.wired.com/story/inside-polygraph-job-screening-black-mirror/ |title=The Lie Generator: Inside the Black Mirror World of Polygraph Job Screenings |magazine=[[Wired (magazine)|Wired]] |date=October 1, 2018|access-date=October 2, 2018}}</ref>

{{As of|2007|alt=In 2007}}, polygraph testimony was admitted by stipulation in 19 states, and was subject to the discretion of the trial judge in federal court. The use of polygraph in court testimony remains controversial, although it is used extensively in post-conviction supervision, particularly of sex offenders. In ''[[Daubert v. Merrell Dow Pharmaceuticals, Inc.]]'' (1993),<ref>{{cite web|url=https://www.law.cornell.edu/supct/html/92-102.ZS.html|title=Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).|publisher=[[Cornell University]]}}</ref> the old [[Frye standard]] was lifted and all forensic evidence, including polygraph, had to meet the new [[Daubert standard]] in which "underlying reasoning or methodology is scientifically valid and properly can be applied to the facts at issue." While polygraph tests are commonly used in police investigations in the US, no defendant or witness can be forced to undergo the test unless they are under the supervision of the courts.<ref>{{cite journal |last1=Vance |first1=Stephen |title=Looking at the Law: An Updated Look at the Privilege Against Self-Incrimination in PostConviction Supervision |journal=Federal Probation |number=1 |volume=75 |url=https://www.uscourts.gov/sites/default/files/75_1_6_0.pdf}}</ref> In ''[[United States v. Scheffer]]'' (1998),<ref>{{cite web|url=https://www.law.cornell.edu/supct/html/96-1133.ZS.html|title=United States v. Scheffer, 523 U.S. 303 (1998)|publisher=[[Cornell University]]}}</ref> the US Supreme Court left it up to individual jurisdictions whether polygraph results could be admitted as evidence in court cases. Nevertheless, it is used extensively by [[prosecutor]]s, [[defense attorney]]s, and [[Policing in the United States|law enforcement agencies]]. In the states of [[Rhode Island]], [[Massachusetts]], [[Maryland]], [[New Jersey]], [[Oregon]], [[Delaware]] and [[Iowa]] it is illegal for any employer to order a polygraph either as conditions to gain employment, or if an employee has been suspected of wrongdoing.<ref>{{Cite web|url=https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section19B|title=General Law – Part I, Title XXI, Chapter 149, Section 19B|website=malegislature.gov|access-date=2019-04-03}}</ref><ref>{{Cite web|url=https://law.justia.com/codes/maryland/2013/article-gle/section-3-702/|title=2013 Maryland Code :: Labor and Employment :: § 3-702 – Lie detector tests|website=Justia Law|language=en|access-date=2019-04-03}}</ref> The [[Employee Polygraph Protection Act]] of 1988 (EPPA) generally prevents employers from using lie detector tests, either for [[pre-employment screening]] or during the course of employment, with certain exemptions.<ref>{{cite web|url=http://www.dol.gov/compliance/laws/comp-eppa.htm|title=Compliance Assistance By Law – The Employee Polygraph Protection Act (EPPA)|work=dol.gov|url-status=dead|archive-url=https://web.archive.org/web/20050923221110/http://www.dol.gov/compliance/laws/comp-eppa.htm|archive-date=2005-09-23}}</ref> As of 2013, about 70,000 job applicants are polygraphed by the federal government on an annual basis.<ref name=TaylorWootsonPolyFeds>Taylor, Marisa and Cleve R. Wootson Jr. "[http://www.mcclatchydc.com/2013/08/16/199590/seeing-threats-feds-target-instructors.html#.UiIeOn9fuSp Seeing threats, feds target instructors of polygraph-beating methods]". ''[[The McClatchy Company|McClatchy Newspapers]]''. August 16, 2013. Retrieved August 31, 2013.</ref> In the United States, the State of [[New Mexico]] admits polygraph testing in front of [[Jury|juries]] under certain circumstances.<ref>{{Cite web|url=https://swrtc.nmsu.edu/files/2014/12/New-Mexico-Rules-of-Evidence.pdf|title=New Mexico Rules of Evidence|website=New Mexico State University, Southwest Regional Training Centre|access-date=30 March 2019|archive-date=24 September 2020|archive-url=https://web.archive.org/web/20200924184043/https://swrtc.nmsu.edu/files/2014/12/New-Mexico-Rules-of-Evidence.pdf|url-status=dead}}</ref>

In 2010 the NSA produced a video explaining its polygraph process.<ref name=Nageshvideo>{{cite news|author=Nagesh, Gautham|url=https://thehill.com/policy/technology/163354-nsa-video-tries-to-dispel-fear-about-polygraph-use-during-job-interviews/|title=NSA video tries to dispel fear about polygraph use during job interviews|work=[[The Hill (newspaper)|The Hill]]|date=June 14, 2010|access-date=June 15, 2013}}</ref> The video, ten minutes long, is titled "The Truth About the Polygraph" and was posted to the website of the [[Defense Security Service]]. Jeff Stein of ''[[The Washington Post]]'' said that the video portrays "various applicants, or actors playing them—it’s not clear—describing everything bad they had heard about the test, the implication being that none of it is true."<ref name=Steinpolygraph>Stein, Jeff. "[https://archive.today/20130705215730/http://voices.washingtonpost.com/spy-talk/2010/06/facing_nsas_lie_detector_relax.html NSA lie detectors no sweat, video says]". ''[[The Washington Post]]''. June 14, 2010. Retrieved on July 5, 2013.</ref> AntiPolygraph.org argues that the NSA-produced video omits some information about the polygraph process; it produced a video responding to the NSA video.<ref name=Nageshvideo/> George Maschke, the founder of the website, accused the NSA polygraph video of being "[[Orwellian]]".<ref name=Steinpolygraph/>

The polygraph was invented in 1921 by [[John Augustus Larson]], a medical student at the [[University of California, Berkeley]] and a police officer of the [[Berkeley Police Department]] in Berkeley, California.<ref name=PolygraphFAQ>{{cite web|title=Polygraph/Lie Detector FAQs|publisher=International League of Polygraph Examiners|url=http://www.theilpe.com/faq_eng.html}}</ref> The polygraph was on the ''[[Encyclopædia Britannica]]'' 2003 list of greatest inventions, described as inventions that "have had profound effects on human life for better or worse."<ref>{{cite encyclopedia|url=http://corporate.britannica.com/press/inventions.html |title=Encyclopædia Britannica's Great Inventions |encyclopedia=Encyclopædia Britannica Almanac 2003, via Wayback Machine |access-date=5 August 2014 |url-status=dead |archive-url=https://web.archive.org/web/20120519003729/http://corporate.britannica.com/press/inventions.html |archive-date=May 19, 2012}}</ref> In 2013, the US federal government had begun indicting individuals who stated that they were teaching methods on how to defeat a polygraph test.<ref name=TaylorWootsonPolyFeds/><ref>"[https://www.justice.gov/opa/pr/owner-polygraph-indicted-allegedly-training-customers-lir-during-federally-administered "Owner of 'Polygraph.com' Indicted for Allegedly Training Customers to Lie During Federally Administered Polygraph Examinations"]. Department of Justice, November 14, 2014. Accessed March 19, 2018.</ref><ref>Taylor, Marisa. "[http://seattletimes.com/html/nationworld/2021772209_lyingpenaltyxml.html Indiana man gets 8 months for lie-detector fraud]". ''[[The Seattle Times]]''. [[The McClatchy Company|McClatchy Newspapers]]. September 6, 2013. Retrieved on September 8, 2013.</ref> During one of those investigations, upwards of 30 federal agencies were involved in investigations of almost 5000 people who had various degrees of contact with those being prosecuted or who had purchased books or DVDs on the topic of beating polygraph tests.<ref>{{cite web|url=https://arstechnica.com/tech-policy/2013/09/coach-who-taught-people-how-to-beat-lie-detectors-headed-to-prison/|title=Coach who taught people how to beat lie detectors headed to prison|work=Ars Technica|date=2013-09-09}}</ref><ref>{{cite web|url=http://www.mcclatchydc.com/2013/11/14/208438/americans-personal-data-shared.html|title=Washington: Americans' personal data shared with CIA, IRS, others in security probe|work=McClatchy DC}}</ref><ref>{{cite web|url=http://seattletimes.com/html/nationworld/2021772209_lyingpenaltyxml.html|title=Indiana man gets 8 months for lie-detector fraud|work=The Seattle Times}}</ref>