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NCJ Number: 69103 Find in a Library
Title: POLYGRAPH AS AN ADMINISTRATIVE TOOL
Journal: LEGAL POINTS  Issue:102  Dated:(1979)  Pages:COMPLETE ISSUE
Corporate Author: International Assoc of Chiefs of Police
Bureau of Governmental Relations and Legal Counsel
United States of America
Date Published: 1979
Page Count: 4
Sponsoring Agency: International Assoc of Chiefs of Police
Arlington, VA 22201
Format: Article
Language: English
Country: United States of America
Annotation: FOCUSING ON THE APPLICABILITY TO POLICE OFFICERS, THIS PAPER REVIEWS COURT DECISIONS DEFINING AND LIMITING POLYGRAPH USE IN APPLICANT SCREENING, EMPLOYEE EVALUATION, AND INTERNAL DISCIPLINARY PROCEDURE.
Abstract: POLICE OFFICERS FREQUENTLY ASSERT CONSTITUTIONAL OBJECTIONS TO PERSONNEL INQUIRY PROCEDURES, MAINTAINING THEY DENY FOURTEENTH AMENDMENT DUE PROCESS GUARANTEES. IN CASES SUCH AS GRABINGER V. CONLISK, AND RICHARDSON V. CITY OF PASADENA, COURTS HAVE PLACED RIGHTS OF THE PUBLIC ABOVE THOSE OF LAW ENFORCEMENT PERSONNEL. BUILDING ON THESE PRECEDENTS, THE MAJORITY OF COURT DECISIONS HAVE FOUND THAT POLYGRAPH TESTING MAY PROPERLY BE EMPLOYED TO VERIFY STATEMENTS MADE BY POLICE OFFICERS DURING INTERNAL INVESTIGATIONS, PROVIDED THAT THE OFFICERS HAVE BEEN ADVISED THAT THEIR ANSWERS CANNOT BE USED AGAINST THEM IN ANY SUBSEQUENT CRIMINAL PROSECUTION, THAT THE QUESTIONS WILL RELATE SOLELY TO THE PERFORMANCE OF OFFICIAL DUTIES, AND THAT A REFUSAL TO OBEY THE ORDER TO TAKE THE TEST WILL RESULT IN DISMISSAL. IN ADDITION, THE REFUSAL OF AN OFFICER TO COOPERATE WITH AN INVESTIGATION EVEN INTO NON-CRIMINAL ACTIVITIES (SUCH AS REFUSAL TO PROMPTLY PAY DEBTS), MAY PROVIDE THE BASIS FOR A CHARGE OF INSUBORDINATION AND THEREFORE WARRANT DISMISSAL. THE EXTENT TO WHICH THE ABOVE-MENTIONED REQUIREMENTS APPLY TO THE APPLICANT SCREENING PROCESS IS UNCERTAIN. FIFTH AND FOURTEENTH AMENDMENT CONSIDERATIONS WILL PROBABLY BE EXAMINED IN THIS REGARD. ALTHOUGH MANY STATES HAVE SOUGHT MERELY TO PREVENT THE ABUSE OF THE POLYGRAPH TECHNIQUE IN EMPLOYMENT SITUATIONS BY ENACTING BROAD LICENSING STATUTES, THE PREVAILING LEGISLATIVE TREND FAVORS OUTRIGHT PROHIBITION OF ITS USE. OVER 30 FOOTNOTES ARE INCLUDED.
Index Term(s): Background investigations; Evaluation techniques; Police inspection; Police personnel; Polygraphs; Right of privacy
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69103

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