Legal and Ethical Considerations Flashcards

Which Supreme Court ruling established that polygraph results are generally not admissible in federal courts as a matter of right?

Answer: United States v. Scheffer (1998)

United States v. Scheffer (1998) upheld Military Rule of Evidence 707, affirming that per se exclusion of polygraph evidence in federal court does not violate due process.

A polygraph examiner working for a defense attorney learns the client committed the crime. Disclosure of this information would most likely be:

Answer: Prohibited by attorney-client privilege extending to retained experts

Work product and communications under a defense attorney's direction are typically protected by attorney-client privilege, which extends to retained experts.

The APA's code of ethics prohibits examiners from conducting examinations on individuals who are under the influence of which substances?

Answer: Any substance that may affect physiological responses or cognitive function

Any substance affecting physiological responses or cognition — including prescription medications and alcohol — can invalidate results and examinations should not proceed.

When the Daubert standard is applied to polygraph evidence, judges evaluate reliability primarily based on:

Answer: Whether the technique has been tested, peer-reviewed, and has known error rates

Under Daubert, courts assess scientific validity through testability, peer review, known error rates, and general acceptance in the relevant field.

An examiner is asked by law enforcement to conduct a polygraph without disclosing to the examinee that the agency is the true client. This arrangement would most likely violate:

Answer: The ethical duty of informed consent and transparency

Concealing the true client from the examinee violates the informed consent principle, which requires full disclosure of who is requesting the examination and its purpose.

Which of the following best describes the ethical concept of 'non-maleficence' as applied to polygraph examinations?

Answer: Avoiding actions that cause unnecessary harm to examinees

Non-maleficence requires the examiner to avoid causing unnecessary physical, psychological, or social harm to examinees throughout the examination process.

Under EPPA, an employee who is subjected to an unlawful polygraph examination may seek civil remedies including:

Answer: Employment reinstatement, back pay, and civil penalties up to $10,000

EPPA allows aggrieved employees to sue for employment reinstatement, lost wages and benefits, and civil money penalties of up to $10,000 per violation.