CPE Legal Ethics 3 — Questions and Answers
Question 1: Which doctrine protects polygraph examiners from civil liability when they report findings in good faith to law enforcement?
- The business judgment rule
- Qualified immunity for mandatory reporters
- Absolute privilege in judicial proceedings (Correct answer)
- The work product doctrine
Correct answer: Absolute privilege in judicial proceedings
Statements made in the course of judicial or quasi-judicial proceedings are protected by absolute privilege, shielding examiners who report findings honestly.
Question 2: When a polygraph examiner is subpoenaed to testify about an examination, confidentiality obligations:
- Completely override the subpoena
- May be overridden by a valid court order (Correct answer)
- Apply only to criminal cases
- Expire after 90 days
Correct answer: May be overridden by a valid court order
A valid court order or subpoena can compel disclosure of polygraph results even when examiner-client confidentiality exists.
Question 3: An examiner who uses psychologically coercive tactics during a polygraph examination may be violating which constitutional protection?
- The Fourth Amendment right against unreasonable searches
- The Fifth Amendment right against self-incrimination (Correct answer)
- The First Amendment right to free speech
- The Eighth Amendment prohibition on cruel punishment
Correct answer: The Fifth Amendment right against self-incrimination
Coercive tactics that compel self-incrimination may violate the Fifth Amendment, especially in government-administered examinations.
Question 4: In states where polygraph results are inadmissible as evidence, an examiner's report may still be used ethically for:
- Presenting to a jury as scientific proof
- Internal investigative purposes or to guide further investigation (Correct answer)
- Mandatory public disclosure
- Overriding a judge's evidentiary ruling
Correct answer: Internal investigative purposes or to guide further investigation
Even when inadmissible in court, polygraph results can guide investigative decisions without being presented as direct evidence.
Question 5: What ethical obligation does a polygraph examiner have when they discover a conflict of interest before conducting an examination?
- Proceed but note the conflict in the report
- Disclose the conflict and recuse themselves if necessary (Correct answer)
- Ignore it if the paying client approves
- Complete the exam and disclose afterward
Correct answer: Disclose the conflict and recuse themselves if necessary
Examiners must disclose conflicts of interest before beginning and withdraw from the examination if the conflict could compromise objectivity.
Question 6: A polygraph examiner shares test results with a third party not authorized by the examinee. This most directly violates:
- Federal OSHA regulations
- Confidentiality and privacy obligations under professional ethics codes (Correct answer)
- The examiner's license renewal requirements
- The chain of custody protocol
Correct answer: Confidentiality and privacy obligations under professional ethics codes
Unauthorized disclosure of polygraph results violates the examiner's duty of confidentiality owed to the examinee.
Question 7: Under the EPPA, employers must provide examinees with written notice of polygraph testing at least how far in advance?
- 24 hours
- 48 hours
- 72 hours (Correct answer)
- One week
Correct answer: 72 hours
The EPPA requires employers to provide at least 48 hours advance written notice before administering a polygraph examination.
CPE Legal Ethics 3
Which doctrine protects polygraph examiners from civil liability when they report findings in good faith to law enforcement?