Legal Ethics Flashcards
7 cards from real CPE practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Legal Ethics flashcards as text
Under the APA ethical guidelines, when must a polygraph examiner obtain informed consent from an examinee?
Answer: Before administering any polygraph test
APA standards require informed consent to be obtained prior to any polygraph examination.
A polygraph examiner working for a private employer discovers that the test results may implicate the employer in wrongdoing. The examiner's ethical obligation is to:
Answer: Report findings accurately and refuse to falsify results
Examiners must maintain accuracy and integrity in reporting regardless of who employs them.
Which federal law restricts the use of polygraphs by most private employers in the United States?
Answer: The Employee Polygraph Protection Act of 1988
The EPPA of 1988 prohibits most private employers from using polygraphs for pre-employment screening or routine employee testing.
An examiner is asked by law enforcement to conduct a polygraph on a suspect who has invoked their right to counsel. The examiner should:
Answer: Refuse to conduct the examination until counsel is present
Once a suspect invokes the right to counsel, questioning and polygraph examinations must cease until an attorney is present.
What is the primary purpose of the pre-test interview in a legally and ethically conducted polygraph examination?
Answer: To explain procedures, obtain consent, and review relevant issues
The pre-test interview ensures the examinee understands the process, provides informed consent, and allows review of test topics.
Under the EPPA, which category of workers may lawfully be subjected to polygraph testing by private employers?
Answer: Employees suspected of theft causing economic loss to the employer
The EPPA permits polygraph use by private employers investigating specific incidents involving economic loss where the employee had access.
A certified polygraph examiner who knowingly issues a false polygraph report may face which consequence?
Answer: Decertification and potential criminal liability for fraud
Falsifying polygraph reports is fraud and can result in loss of certification, civil liability, and criminal prosecution.