Consent is a fundamental requirement for conducting a legally defensible lie detector test. In fact, it’s one of the key ethical issues cited by many polygraph opponents as a basis for discrediting the technique.
Industry standards stipulate that any would-be polygraph examinee provide their informed consent. Which means, they should be aware of the test subject and the implications of the findings thereof.
Besides, consent must be voluntary and submitted in writing. Any evidence of coercion is sufficient grounds for invalidating lie detector reports.
But not everyone will voluntarily submit to a polygraph test. So, how do you talk them into it?
Well, that’s where persuasiveness comes in.
Below are effective communication tactics to deploy in securing a voluntary lie detector test.
1. Tell Them They Can Refuse
One of the most common lie detector questions regards wilful consent. It’s not unusual to find a would-be examinee wondering – Are polygraphs mandatory?
As mentioned, lie detector tests are voluntary in most jurisdictions. It’s important to mention this to a would-be examinee while seeking their consent.
Inform the person that they can refuse the test without ceding their constitutionally conferred rights and privileges. The idea is to employ reverse psychology with a view to making the individual more interested in taking the test.
If it’s not mandatory, then what could possibly go wrong?
Taking this paradoxical approach isn’t merely a persuasive technique. It also proves that an examiner is familiar with the core regulations governing the lie detector test industry. In fact, a qualified polygraph examiner will halt all plans of an upcoming lie detector test if they’re unable to obtain the would-be examinee’s willful consent.
2. Remind Them That Polygraph Tests Aren’t Grueling
What images come to mind when you think of lie detector tests?
To most people, it’s that of mean-looking detectives holed up with suspects in tiny interrogation rooms. However, polygraphs are far less grueling than many perceive them to be. That’s partly due to the question design rules, which require simple ‘Yes’ or ‘No’ replies.
Be sure to relay these to a potential examinee.
3. Highlight Perceived Benefits
Polygraphs are highly anxious moments. Even if a person has undergone multiple lie detector tests before, they’re bound to express their reservations with each subsequent request to be polygraphed.
But where an individual’s reputation or life is on the line, taking a lie detector test may be the only way to clear their name. Examiners should focus on the perceived benefits of submitting to a polygraph.
For instance, inform the individual that passing the test is the surest way to restore their dented reputation. Remind them that they have nothing to fear if they’re telling the truth.
4. Take a Positive Outlook
Many people regard polygraphs merely as a tool used to extract confessions from suspects. That explains the widespread hostility towards the technique.
To secure consent, inform them that the polygraph is a tool for proving innocence rather than finding fault. However, remain objective throughout your engagements with the potential examinee. Avoid making over-the-top claims that may be misconstrued as soft coercion.
Throughout your engagements, you should maintain the image of neutrality. Note that you want the person to make an informed and voluntary decision, not an emotional one.
5. Suggest the Repercussions of Declining the Test
It’s okay to refuse a lie detector test without suffering undue victimization, right?
Well, that depends on what constitutes “unfair victimization.” Detectives cannot argue for a defendant’s conviction because the suspect refused to be polygraphed. In most jurisdictions, the presiding judge or jury will immediately reject such pleas.
But what if a relationship or lucrative business contract is on the line?
In such scenarios, the consequences of declining a polygraph test can be devastating. Tell the individual that refusing to be polygraphed may be construed as guilt. If they’re truly innocent, they’ll be eager to clear their name.
6. Tell Them It’s Not a Full-Day Event
Another reason many people decline to be polygraphed is the misconception that lie detector tests are time-intensive procedures.
Why would a busy professional waste a full day in a futile exercise when they could be making themselves otherwise productive?
Again, nothing can be further from the truth. Most polygraphs take 1.5 – 2.5 hours.
Securing Voluntary Polygraph Tests Via Tact and Persuasion
Submitting to a polygraph exam should be voluntary. That’s great news for potential examinees, as it means they can decline the tests without ceding their Fifth Amendment Rights against self-incrimination.
Therefore, examiners must proceed cautiously while talking examinees into a lie detector test.
The general rule is to use persuasion rather than coercion. Remember to also be forthright and inform the individual of the potential repercussions of participating in the test. And for any consent to stand up to scrutiny, it must be in writing and signed by the would-be examinee.
Implementing the above pointers can help you talk the most skeptical individuals into a lie detector test.
