Legal and Ethical Considerations Flashcards

A court orders a polygraph examination be conducted without the examinee's consent. Which of the following best describes the examiner's ethical position?

Answer: Seek clarification on the legal authority and document concerns before proceeding

The examiner should verify the legal authority of the order and document any ethical concerns, as valid court orders may override consent requirements in some jurisdictions.

Which of the following is NOT a permissible topic area for polygraph questions under APA ethical guidelines?

Answer: The examinee's religious beliefs or political views

APA ethical guidelines prohibit questions about religious beliefs, political views, sexual behavior, and other protected personal areas unrelated to the examination purpose.

The principle of 'beneficence' in polygraph ethics most directly requires the examiner to:

Answer: Act in ways that promote the wellbeing of examinees and society

Beneficence obligates the examiner to actively promote the welfare of examinees and the broader public, not merely avoid harm.

An examinee who is a non-native English speaker requests an interpreter for their polygraph examination. The examiner should:

Answer: Obtain a qualified neutral interpreter and document the accommodation

A qualified, neutral interpreter must be used to ensure valid informed consent and accurate communication, and the accommodation should be documented.

Which legal doctrine holds that polygraph evidence may be admissible if it meets a standard of general acceptance in the relevant scientific community?

Answer: Frye standard

The Frye standard, originating from Frye v. United States (1923), requires that scientific evidence be generally accepted in the relevant scientific community for admissibility.

Under EPPA's ongoing-investigation exemption, the employer must have reasonable suspicion that the employee was involved in an incident that resulted in:

Answer: Economic loss or injury to the employer's business

EPPA's ongoing-investigation exemption applies when there is a specific incident causing economic loss or injury to the employer's business.

An examiner who uses a polygraph technique that has not been validated by peer-reviewed research may be violating which ethical principle?

Answer: Competence and scientific integrity

Using unvalidated techniques violates the principle of competence and scientific integrity, which requires examiners to use only evidence-based, validated methods.