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Polygraph testing for Post-Conviction Sex Offender Testing (PCSOT) plays a crucial role in monitoring offenders and ensuring compliance with their supervision and treatment plans. One of the critical aspects of PCSOT polygraph exams is the formulation of accurate, ethical, and legally compliant examination questions. The questions posed during polygraph tests must be carefully crafted to ensure they are behaviorally descriptive, easy to understand, and directly related to the subject being examined. This article explores the guidelines and best practices for developing examination questions in PCSOT programs, as outlined in the Model Policy for Post-Conviction Sex Offender Testing (2021).
1. Examiner’s Responsibility for Question Formulation
Examiners are ultimately responsible for determining the content and structure of polygraph examination questions. According to the PCSOT Model Policy, examiners must review all test questions with the examinee before the test begins. It is critical that examiners ensure that the questions are clear, easily understood, and pertain specifically to the purpose of the examination.
It is also important that supervision and treatment professionals avoid informing the examinee of the exact test questions or the specific investigation targets before the polygraph exam. This helps prevent the examinee from being coached or developing countermeasures to the test. Examiners have the discretion to ensure that questions meet professional standards and are aligned with the purpose of the polygraph test.
2. Relevant Questions
Relevant questions in PCSOT polygraph tests must pertain to the specific behaviors or incidents under investigation. These questions are central to the test as they directly assess the examinee’s involvement or knowledge regarding specific issues, such as compliance with supervision rules or engagement in prohibited behaviors.
Key guidelines for formulating relevant questions include:
- Behavioral Description: Questions must be behaviorally descriptive, focusing on specific actions or behaviors of the examinee, rather than abstract or vague concepts.
- Time Reference: Each question should be time-bound, referring to a specific period during which the behavior of interest may have occurred.
- Clarity: The question must be straightforward, allowing the examinee to respond with a simple “yes” or “no” without requiring complex mental calculations.
- No Assumptions: Questions should avoid assuming guilt or deception. Instead, they should be neutral, allowing the examinee to respond truthfully without feeling coerced or misrepresented.
An example of a well-constructed relevant question might be: “Since your release, have you had any unauthorized contact with minors?”
3. Comparison Questions
Comparison questions are used alongside relevant questions to help detect deception by measuring the physiological responses of the examinee. These questions should be structured in a way that separates them from relevant questions, either by changing the time frame or the type of behavior being addressed.
The PCSOT Model Policy does not favor one type of comparison question over another, but it emphasizes the importance of structural separation between comparison and relevant questions. This ensures that the examiner can accurately gauge the physiological responses to both sets of questions without overlap or confusion.
4. Ethical Considerations
Examiners must be mindful of ethical standards when formulating examination questions, particularly in terms of avoiding questions that could violate the examinee’s legal rights. For instance, questions that directly address unreported criminal behavior should be avoided unless they are legally permissible within the jurisdiction.
Questions must also be free from legal jargon, complicated language, or references to mental states unless memory or sexual motivation is the specific focus of the examination. Examiners are responsible for ensuring that the questions do not create unnecessary stress or confusion for the examinee, which could affect the accuracy of the polygraph results.
5. Best Practices for Question Development
- Pre-Test Review: Before starting the polygraph test, examiners should conduct a thorough pre-test interview. This includes explaining the purpose of the test, reviewing the test questions with the examinee, and ensuring that the examinee fully understands the questions and the context in which they are being asked.
- Structured Interviews: Examiners should conduct structured or semi-structured interviews with the examinee, focusing on the examinee’s background, behavior, and specific incidents of interest. This provides valuable context for framing questions that are relevant and behaviorally descriptive.
- Simplicity and Directness: Questions should be simple, direct, and free from ambiguity. This reduces the chance of misinterpretation or confusion, which could skew the polygraph results.
Conclusion
The formulation of examination questions in PCSOT polygraph testing is a critical aspect of ensuring the accuracy and reliability of the test results. Examiners must adhere to strict guidelines for developing relevant and comparison questions, ensuring that they are behaviorally descriptive, clear, and ethically sound. By following these best practices, examiners can improve the validity of polygraph examinations, providing valuable information to supervision and treatment teams working with sex offenders under post-conviction supervision.
This article was informed by the guidelines outlined in the Model Policy for Post-Conviction Sex Offender Testing (2021).