99.986% Accurate: Polygraphs and Criminal Law

Students examine the use of polygraphs in criminal law

By Ahmanielle Hall

The Federalist Society at USC Gould invited students to take part in a lecture presentation about polygraphs and how they relate to criminal law. Brian Morris, an APA-certified primary instructor of polygraph, discussed the impact of the device on criminal law proceedings.

Brian Morris, an APA-certified polygraph examiner shares with students the many ways a polygraph exam can be used in criminal law.

“As future prosecutors and future defense attorneys, your ability to have a good working relationship with a polygraph examiner, someone who is certified and maintains good credentials, is going to be critical to the successful use of polygraph,” Morris said.Morris explained that there are five different types of polygraphs: pre-employment, counterintelligence, specific issues, guilty knowledge and internal affairs. Regardless of the type used, Morris said polygraphs are important for screening and protecting government employees and reducing law enforcement agencies’ resource costs.

Attendees witnessed a polygraph test on a fellow student volunteer, watching his respiratory rate, electro-dermal activity and heart rate move as Morris asked questions to get him to reveal a number on a piece of paper in his pocket.

USC Gould teaching fellow Elizabeth Henneke surveyed students after the demonstration, asking their opinions on consent to a polygraph exam. From their responses, she shared with them scenarios of how polygraphs can be self-incriminating, even if a witness tells the truth and fails the exam.

“One of the concerns that I have about the polygraph exam and its ability to eliminate witnesses is that it can also create witnesses,” Henneke said. “It’s potentially a really good tool, but we have to be pretty careful with it.”

Students elaborated on her scenarios, saying they believed polygraph tests and leading questions could affect the accuracy of witness testimony.

Raymond Nhan, co-president of the Federalist Society, said he was glad to see students take part in the discussion.

“Hopefully, students understand that our goal is to promote debate,” Nhan said.  “That is why we do not take any specific policy positions or provide litmus tests as condition on club membership.  Over the course of the year, we hope all students, regardless of whether they are conservative, libertarian, liberal, moderate, or other, continue to attend our events and challenge their underlying beliefs.  Having a dialogue with many different views will strengthen our campus' intellectual character. “

Nhan says the Federalist Society plans on hosting more debates and events with other organizations to help build strong relationships with the rest of the student body.  Some of the topics he says are scheduled for the remainder of the semester include tax policy, federal and state laws regarding marijuana and religion in the public sphere.