Polygraph testing for deception in Australia: effective aid to crime investigation and adjudication?
Polygraph testing--or the monitoring and analysing of selected physiological measures of an individual who is being interviewed, for the purpose of detecting deception--is controversial in Australia. Considerable mythology surrounds this method of detecting deception. Embedded in popular perceptions of crime fighting and utilised in high-profile criminal cases in Western Australia, Victoria and Queensland, polygraph testing is also explicitly prohibited from being used in crime investigation in New South Wales. Unlike in the United States, polygraph testing has not hitherto routinely been used by government departments and authorities as a preemployment screening tool, but is increasingly being offered in the private sector in Australia. This article examines the current scope of polygraph testing in Australia, describes different approaches to testing, briefly reviews recent information relating to validity and evaluates State legislation prohibiting the use of polygraph testing for specified purposes in New South Wales. Consequent to the continuing controversy regarding the accuracy of polygraph testing in detecting deception (and, conversely, truth-telling), it is argued that the emerging use of polygraph testing is problematic and common law principles rendering the results of such testing inadmissible in court do not constitute sufficient safeguard against inappropriate and intrusive testing. Future research should identify specific polygraph testing techniques and consider the most socially beneficial way of regulating this emerging area of practice.
McMahon
Marilyn
M
School of Law and Legal Studies, La Trobe University, Melbourne, Australia. m.mcmahon@latrobe.edu.au
D001315:Australia; D003415:Crime / Q000331:legislation & jurisprudence; D003416:Criminal Law / Q000295:instrumentation* / Q000379:methods*; D004651:Employment / Q000331:legislation & jurisprudence; D006801:Humans; D008014:Lie Detection / Q000523:psychology*; D008991:Monitoring, Physiologic / Q000295:instrumentation / Q000706:statistics & numerical data; D014481:United States