CPE Legal Ethics 3

Question 1

Which doctrine protects polygraph examiners from civil liability when they report findings in good faith to law enforcement?

Accepted Answer

Absolute privilege in judicial proceedings

Answer

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:

Accepted Answer

May be overridden by a valid court order

Answer

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?

Accepted Answer

The Fifth Amendment right against self-incrimination

Answer

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:

Accepted Answer

Internal investigative purposes or to guide further investigation

Answer

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?

Accepted Answer

Disclose the conflict and recuse themselves if necessary

Answer

Examiners must disclose conflicts of interest before beginning and withdraw from the examination if the conflict could compromise objectivity.

(CPE) Certified Polygraph Examiner Practice Test

(CPE) Certified Polygraph Examiner Practice Test

CPE Legal Ethics 3