The Lie Behind the Lie Detector - Polygraph

1 The Lie Behind the Lie Detector 5th edition by George W. Maschke and Gino J. Scalabrini The Lie Behind the Lie Detector The Lie Behind the Lie Detector by George W. Maschke and Gino J. Scalabrini 5th edition Published by 2000, 2002, 2003, 2005, 2018 by George W. Maschke and Gino J. Scalabrini. All rights reserved. This book is free for non-commercial distribution and use, provided that it is not altered. Typeset by George W. Maschke Dedication WE DEDICATE this book to the memory of our friend and mentor, Drew Campbell Richardson (1951 2016). Dr. Richardson took a courageous public stand against Polygraph screening while serv-ing as the FBI s senior scientific expert on polygraphy. Without the example of his courage in speaking truth to power without fear or favor, this book might never have been written.

2 We also note with sadness the passing of Polygraph critics David Thoreson Lykken (1928 2006) and John J. Furedy (1940 2016), both of whom reviewed early drafts of the first edition of this book and provided valuable feedback. Contents Dedication 7 ..Contents 8 ..Acknowledgments 13 ..Foreword 14 ..Introduction 15 ..Chapter 1: On the Validity of Polygraphy 18 .. Polygraph Screening 22 ..False Positives and the Base Rate Problem 25 ..Specific-Issue Testing 26 ..The National Academy of Sciences Report 27 ..Chapter 2: On Polygraph Policy 31 ..Doesn t the Government Know? 31 ..The Joint Security Commission Report 34 ..The CIA s Reaction to the Ames Case 41 ..Pre-Ames Polygraph Failures 44 ..The FBI Reacts 45.

3 The FBI 47 ..The Department of Energy Polygraph Program 51 ..On the DOE False Positive Rate 52 ..On the DOE False Negative Rate 53 ..The Case of Wen Ho Lee 54 ..The Department of Defense Polygraph Program 60 ..The Case of Petty Officer Daniel M. King 63 ..The Marine Embassy Guard Scandal 66 ..The Customs and Border Protection Polygraph Program 68 .Other Agencies 68 ..If They Know Polygraphy Is Unreliable, Why Do They Rely on It? 68 .. Polygraph Operator Bias 75 .. contents 9 Inflation/Fabrication of Admissions 76 ..The Case of David A. Tenenbaum 79 ..Predetermined Outcomes 83 ..False Confessions and the Case of Abdallah Higazy 85 ..How Can They Be So Blind? 87 ..A Modest Proposal 88 ..Summary 89 ..Chapter 3: Polygraphy Exposed 91.

4 The Pre-Test Interview 92 ..The Stim Test 94 ..Reviewing the Test Questions 97 ..CIA Applicants Beware! 98 ..Question Types 100 ..Relevant Questions 100 ..The Sacrifice Relevant Question 101 .. Control Questions 102 ..Probable-Lie Control Questions 103 ..Directed Lie Control Questions 107 ..Hypothetical Control Questions 111 ..Concealed Control Questions 111 ..Irrelevant Questions 112 ..Symptomatic Questions 113 ..The In-Test ( Polygraph ) Phase 113 ..Chart Scoring 114 ..The Post-Test Interrogation 117 ..Accusations of Deception to Control Questions 120 ..Note to Federal Law Enforcement Applicants 121 ..Other Polygraph Formats 121 ..Chapter 4: Polygraph Countermeasures 127 .. the lie Behind the lie Detector 10 Just Say No 127.

5 A Special Note to Federal Job Applicants 128 ..If You Are Suspected of a Crime 129 ..Complete Honesty 130 .. Polygraph Countermeasures: How to Pass a Polygraph Test 133 ..Two Types of Countermeasures 134 ..Make No Admissions 134 ..And Sign No Statements 134 .. Polygraph Tests are Interrogations 135 ..Recognizing Common Interrogation Tactics 136 ..Make a Good First Impression 138 ..Arrive Early to Avoid Being Late 138 ..A Warning to Secret Service Applicants 139 ..Remember, You Are Being Watched 139 ..The Pre-Test Interview 140 ..How Polygraph Operators May Expect Truthful Subjects to Behave 141 ..How Polygraph Operators May Expect Deceptive Subjects to Behave 142 ..Mind Games 144 ..More Smoke and Mirrors 145 .. So What Do You Know About the Polygraph ?

6 146 ..Tips for Identifying Control Questions 147 ..Ambiguity in Control Questions 150 .. Read the Polygraph Operator 151 ..A Final Tip on Identifying Control Questions 152 ..Want to Get Anything Off Your Chest? No! 152 ..Chart-Recording Manipulations 153 ..Breathing Countermeasures 153 .. contents 11 Cardio/Electrodermal Countermeasures 157 ..What About the Anal Sphincter Contraction? 158 ..Countermeasures and the Stim Test 159 ..Practice Makes Perfect 159 ..What About the Relevant Questions? 159 ..Countermeasures and the Relevant/Irrelevant Test 160 ..It s Not Over Till It s Over 160 ..Do Not Try to Explain Responses to Relevant Questions 161 ..What Were You Thinking About? 161 ..Which Question Bothered You the Most?

7 161 ..Don t Stay for a Post-Test Interrogation 162 ..A Note to CIA and NSA Applicants 163 ..A Warning to Federal Law Enforcement Applicants 164 .. Polygraph Counter-countermeasures 165 ..What If I m Accused of Employing Countermeasures? 167 ..An Anecdote 169 ..Operation Lie Busters 172 ..Keep Notes! 174 ..Chapter 5: Grievance Procedures 175 ..Limited Recourse Is Available 175 ..Start Keeping Records 176 ..If You Have Connections, Use Them 176 ..Write a Letter of Protest 177 ..Report Abusive Behavior 177 ..File a Privacy Act Request 178 ..Write Your Elected Representatives 180 ..Post Your Experience Online 180 ..Afterword 181 ..Appendix A: Law Enforcement Pre-Employment Test" 183 .. the lie Behind the lie Detector 12 Appendix B: Modified General Question Test" 186.

8 Appendix C: Zone Comparison Test 188 ..Appendix D: Sample Privacy Act Request Letter 191 ..Appendix E: Comprehensive Employee Polygraph Protection Act 192 ..Appendix F: Minnesota Polygraph Statute 205 ..Appendix G: Polygraph Countermeasure Review 207 ..If You Are Suspected of a Crime 207 ..Make No Admissions! 207 ..Come Armed With Knowledge 208 ..Bibliography WE ARE GRATEFUL to all those who graciously read and comment-ed on drafts of the first edition of this book. The late Professor John J. Furedy of the University of Toronto provided much wel-comed criticism of the chapter on the validity of polygraphy. Pro-fessor William G. Iacono and the late Professor David T. Lykken of the University of Minnesota provided important comments on our chapter on Polygraph countermeasures.

9 We thank former fbi Special Agent Mark E. Mallah for his useful insights throughout the writing of this book, and we are indebted to Bill Roche for his helpful suggestions. We are especially grateful to the late retired fbi Supervisory Special Agent Dr. Drew C. Richardson for his suggestions regarding the second edition of this book. We are also grateful to all those reviewers who have requested to remain anonymous. This is a better book for their commentary and criti-cism. Finally, we wish to thank the many people who have con-tacted us to share information about their experiences. We, the authors, remain responsible for the contents of this book and any errors herein.

10 Foreword WE WROTE this book to call public attention to the dangers of polygraphy and to protect the innocent from Polygraph abuse. Because of our government s reliance on this pseudoscientific procedure, thousands of truthful persons have been falsely ac-cused of lying and suffered serious adverse consequences. On the other hand, liars can easily defeat Polygraph tests through countermeasures, as did convicted spy Aldrich Hazen Ames. We hope that this book will help to stimulate informed public debate about Polygraph policy and hasten the day when our government comes to its senses and ends its reliance on this latter-day trial by ordeal. Our reliance on unreliable polygraphy is undermining not strengthening our national security.