“Scienter” is a Latin term that means “knowingly”. It covers the mental state in which one has knowledge that one’s action, statement, etc, is wrong, deceptive or illegal.
Despite its popular nickname, the ‘lie detector,’ a polygraph is not a magical truth machine. Instead, it’s a physiological detection of deception (PDD) instrument that records and analyses various bodily responses while you answer a series of questions.
These responses typically include:
• Heart rate: Measured through blood pressure cuffs on the arm, changes in heart rate can indicate increased stress or anxiety, often associated with deception.
• Respiration: Sensors attached to your chest or abdomen monitor breathing rate and depth, as changes in breathing patterns can also reflect heightened nervous system activity.
• Skin conductivity: Electrodes placed on your fingertips measure fluctuations in sweat production, associated with the ‘fight-or-flight’ response triggered by potential deception.
In the past, the Commissioner of Police was engaged in determining the mental state of police officers and whether they had the requisite scienter for the commission of crimes. In doing so, issues were raised surrounding the rights of the police officers who were subjected to a polygraph test.
It appears that there has never been a policy of screening job applicants in the police service by subjecting them to polygraph/lie detector tests as a precondition to employment. Over the years, many officers have been transferred from their original posts and are already living with injury to their reputations and the ordeal of trying to explain their refusal to take a lie detector test.
The questions are simple. “Do you receive remuneration for allowing criminal activity of illegal weapons and drugs entering our country? Are you aware of the criminal elements who are involved in such a practice? Have you operated as a police officer to have … deal with these criminal elements to have them arrested? Are you aware of where these locations are, who is doing it, and have you operated in a professional manner, becoming a police officer?”
I can’t imagine that the questions posed to officers would be limited to what the commissioner has detailed. There would have to be a build-up of some more syntax-friendly sentences posed to officers.
Further, properly conducted polygraph tests consist of many internal cross-checks in the form of comparing responses to control and relevant questions. The final diagnosis is never based on a single response to one question. The polygraph, like other mechanical or electrical lie detectors, measures involuntary physical responses to questions, and from these responses, polygraphers attempt to determine whether the examinee is exhibiting the stress associated with lying.
The major physical reactions measured are blood pressure, pulse rate, breathing patterns, and galvanic skin response—a variation of skin conductivity caused by sweating. The questions remaining in many minds surround the lawfulness of carrying out these tests and the accuracy and reliability of the polygraph machines themselves. More important than the polygraph machine or the questioning method is the competence of the polygrapher.
Factors used to evaluate polygrapher competence include,
(1) whether the polygrapher graduated from an accredited polygraph school. Do these people hold memberships in related professional associations?
(2) Level of experience. Can they produce charts that can be easily read by other polygraphers, and do they possess the ability to numerically ‘score’ chart results?
Online researches on polygraphs reveal that to avoid the unreliability of ‘quickie’ examinations, the polygraph test must last at least 90 minutes.
Polygraphers ought not to conduct more than five tests per day, and people to be subjected to the testing are entitled to: terminate the test any time; take only tests that are not degrading or needlessly intrusive; avoid testing if they have a medical or psychological condition.
Reasonable written notice must be given to the officer to be tested of the date, time, and location of the test and the right to consult an attorney; be informed in writing about the polygraph process and the instruments that will be used; know whether the testing area will have a two-way mirror, camera or other observation device; a written copy of the test results; and have an opportunity to review all test questions before they are asked and not be asked any ‘surprise’ questions.
Some countries have implemented legislative provisions to permit polygraphing. Whether that is required here in T&T is left to the legal minds. The transferring of officers due to their refusal and/or failure to take polygraphs has not lifted the public’s confidence in the police service. It has instead amplified fears of possible links to other elements.
Therefore, what may be required is the education of the police service and the nation and a calibrated manner of introducing polygraphing to ensure its effectiveness in weeding out rogue officers among the noble aims.
Vijay Maharaj is the secretary General of the Sanatan Dharma Maha Sabha.