ABSTRACT

Lie detector tests are devices that are used to render diagnostic opinions of the veracity—the truthfulness—of an individual. Such devices include polygraphs, deceptographs, voice stress analyzers, and psychological stress evaluators. In spite of the acknowledgment by some federal courts that a reevaluation of the admissibility of polygraphs was called for, the majority of post-Daubert opinions expressed significant reluctance to change their exclusionary positions, preferring to rely on the fundamental principle that "the jury is the lie detector." In contrast to the legal uncertainty of polygraph use in the courtroom, lie detectors have a comparatively clearly defined status in the employment arena due to the 1988 passage of the Employee Polygraph Protection Act. The act makes it unlawful for any employer engaged in or affecting interstate commerce to use lie detector tests on employees or prospective employees or to discharge, discipline, or deny employment or promotions based on the results of any such test.