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In New York State you have a choice as to whom you wish to have your polygraph examinations conducted by. This is because New York State does not presently have any license or certification requirements for a polygraph examiner. Therefore anyone, even someone who never went to any polygraph school or has no official training in polygraph can perform the examination. Remember all examiners with the American Polygraph Association are fully school trained and have an ID card and membership number. If you had any tests done by anyone who you later found out they were not actually a school trained examiner with the APA or New York State Polygraph Examiners Association and are not sure about the results and wish to have a re-test done please let me know. New York State does have a association with all APA school trained examiners. The website is: www.nyspea.com If you have any questions, please call or email me. If you wish to verify anyone who is a member of the American Polygraph Association please call 1-800– APA-8037 You can always ask your local police or attorney who they recommend. Call the organization that your given and see if it actually has a polygraph program. Every legitimate organization should have a board of directors. NY POLYGRAPH, would never show or tell another person or company not legally entitled to see or know about your examination results. Your results are and always will be 100% CONFIDENTIAL I would be very happy to fax you a copy of my membership I.D. Always make sure the examiner who is actually performing the polygraph examination is with the American Polygraph Association and in New York State with the New York State Polygraph Examiners Association go to www.nyspea.com/memmbers there you will see who is actually APA certified within New York State All American Polygraph Association members have an ID card (Home page) and you should always ask to see it. This insures that the examiner has met certain educational requirements and has a working knowledge of polygraph techniques. NY POLYGRAPH carries full {Professional Liability Insurance} for Lie Detection/Polygraph with Lloyds, London.
American Polygraph Association The American Polygraph Association, established in 1966, is the largest polygraph association consisting of examiners in the private, law enforcement, and government fields. The APA continues to be the leading professional association of its kind, establishing standards of ethical practices, techniques, instrumentation, research, and advanced training and continuing educational programs. The APA has approximately 2,500 members, who are required to maintain the highest standards of moral, ethical and professional conduct and they are further required to discharge their duties with complete impartiality, dignity and respect. Members recognize that their primary responsibility is to the person being examined, and are forbidden to allow considerations of race, religion, politics, union activity, or economic status to play any part in their examinations, and they are pledged to issue an objective and unbiased opinion and to protect the confidentiality of the examination. What is a Polygraph? The term "polygraph" literally means "many writings." The name refers to the manner in which selected physiological activities are simultaneously recorded. Polygraph examiners may use conventional instruments, sometimes referred to as analog instruments, or computerized polygraph instruments. It is important to understand what a polygraph examination entails. A polygraph instrument will collect physiological data from at least three systems in the human body. Convoluted rubber tubes that are placed over the examinee's chest and abdominal area will record respiratory activity. Two small metal plates, attached to the fingers, will record sweat gland activity, and a blood pressure cuff, or similar device will record cardiovascular activity. A typical polygraph examination will include a period referred to as a pre-test, a chart collection phase and a test data analysis phase. In the pre-test, the polygraph examiner will complete required paperwork and talk with the examinee about the test. During this period, the examiner will discuss the questions to be asked and familiarize the examinee with the testing procedure. During the chart collection phase, the examiner will administer and collect a number of polygraph charts. Following this, the examiner will analyze the charts and render an opinion as to the truthfulness of the person taking the test. The examiner, when appropriate, will offer the examinee an opportunity to explain physiological responses in relation to one or more questions asked during the test. It is important to note that a polygraph does not include the analysis of physiology associated with the voice. Instruments that claim to record voice stress are not polygraphs and have not been shown to have scientific support. Who gets the test results? According to the various state licensing laws and the American Polygraph Association's Standards and Principles of Practice, polygraph results can be released only to authorized persons. Generally those individuals who can receive test results are the examinee, and anyone specifically designated in writing by the examinee, the person, firm, corporation or governmental agency which requested the examination and others as may be required by due process of law. Employee Polygraph Protection Act (EPPA) On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. This federal law established guidelines for polygraph testing and imposed restriction on most private employers. The following is a brief summary of the essential elements of the law. Who is affected by EPPA? This legislation only affects commercial businesses. Local, State and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institution. In addition, there are exemptions in EPPA for some commercial businesses. These are: Businesses under contract with the Federal Government involving specified activities (e.g., counterintelligence work). Businesses whose primary purpose consists of providing armored car personnel, personnel involved in the design or security personnel in facilities which have a significant impact on the health or safety of any state. Examples of these facilities would be a nuclear or electric power plant, public water works, or toxic waste disposal. Companies which manufacturer, distribute or dispense controlled substances. Checklist for the Employer The incident must be an ongoing, specific investigation. It must be an identifiable economic loss to the employer. Obtain a copy of the Employer Polygraph Protection Act of 1988. Provide the employee with a written statement that includes: a. identification of the company and location of employee b. description of the loss or activity under investigation c. location of the loss d. specific amount of the loss e. type of economic loss f. how the employee had access to the loss Note: access alone is not sufficient grounds for polygraph testing g. what kind of reasonable suspicion there is to suspect the employee of being involved in the loss. The Statement provided to employee MUST be signed by someone other than the polygraph examiner, who is authorized to legally bind the employee, and MUST be retained by the employer for at least 3 years. Read the Notice to Examinee to the employee, which should be signed, timed, dated and witnessed. Provide the employee with 48 hours advanced notice (not counting weekends or holidays) to the date and time of the scheduled polygraph test. Provide employee with written notice of the date, time and location of the polygraph test, including written directions if the test is to be conducted at a location other than at the place of employment. Maintain a statement of adverse actions taken against the employee following a polygraph test. Conduct an additional interview of employee prior to any adverse action following a polygraph test. Maintain records of ALL of the above for a minimum of 3 years. Employees may not waive their rights. Police and investigators are not exempt and must comply if they are conducting an employment related polygraph test, i.e., when conducting a polygraph test on an internal theft for a missing deposit. Information about a polygraph provided to the employer by a police officer or investigator is prohibited under the Act, since employers are not allowed to use, accept or inquire about the results. There is a $10,000 penalty for EACH violation of the law. Check out the credentials of the polygraph examiner that you use and verify that the examiner meets EPPA requirements. Never hesitate to ask for written proof of licensing, liability insurance, etc. Use your company letterhead on all forms you provide to the employee. Have your corporate attorney review your actions to assure your compliance of EPPA. American Polygraph Association PO Box 8037 Chattanooga, TN 37414-0037 Phone: 1-800-APA-8037 or (423) 892-3992 Fax: (423) 894-5435 E-mail: manager@polygraph.org
Remember all examiners with the American Polygraph Association are fully school trained and have an ID card and membership number. If you had any tests done by anyone who you later found out they were not actually a school trained examiner with the APA or New York State Polygraph Examiners Association and are not sure about the results and wish to have a re-test done please let me know. NYSPEA New York State Polygraph Examiners Association, Inc. 7119 13th Ave 2nd Floor Brooklyn, NY 11228
Polygraph Association Membership Ask if they are a current member 'in good standing' with a professional polygraph association. If they are, ask them to email or fax you their membership certificate. Important: Association membership is not an absolute necessity, but it is a plus. Why? Because legitimate polygraph associations require their members to have a certain number of continuing education hours as well as a criminal background check for membership. Once you receive a copy of their certificate, then you need to call that association and verify the information. Most states have one legitimate association per state (www.nypea.com) and there are three legitimate national associations. These are the only groups that are relevant for verification. (Phone numbers for each can be found on their respective websites) Below you will find links to the three legitimate national organizations and a link to a page that contains the legitimate state organizations. The cons that are being run also involve shell groups and websites made to appear as legitimate associations, but upon close inspection, you'll find that all those groups lead to one place. The way you can tell the difference is that the legitimate polygraph associations each have individual contact information and a board of real officers holding real positions. You won't find that on the groups running cons. To them it’s all about appearing to look large and diverse, when a closer look will reveal it to all be a facade. And the easiest way to recognize this is to find a couple of the websites in completely different states and note that their phone numbers and email addresses all may lead to one location. Link to a list of Legitimate State Polygraph Associations American Polygraph Association. (APA) American Association of Police Polygraphists (AAPP) National Polygraph Association (NPA) If they tell you they can give you the test 'over the phone'. If you are offered an 'over the phone' polygraph test, well it’s NOT a polygraph. That would more than likely be a Voice Stress Test. You can take a voice stress test if you choose, the point I'm making is that the term polygraph is often used to describe any lie detection test, but that is not true. Research on voice stress has shown them to be no more reliable than guessing. You can find the studies related to voice stress by visiting http://www.voicestress.org. Again, the point is simply that a polygraph test and a voice stress test are two COMPLETELY different things. If they try to baffle you with how much they have been on television or how great they are and continually avoid or deflects the conversation away from answering direct questions and direct requests for proof of their credentials. The vast majority of televisions ‘reality shows’ does nothing to verify the credentials of the examiner they are hiring because they care first and foremost about ratings and entertainment, not about integrity. 95% of what you'll see on television is not how real polygraph works. They may also divert you away from facts by criticizing the APA accredited schools and legitimate state polygraph associations, telling you that they just want to charge you a bunch of money and that you won't be any better trained than the way they learned. If they tell you or it actually happens that your polygraph test can be completed in less than 90 minutes. The APA guidelines for all polygraph tests are that it should be conducted in no less than 90 minutes. If they tell you a test can be done faster than this or if you go ahead and hire the person and your test is over in 30 or 45 minutes, you can be certain you've been scammed or at the very least, given a test where short cuts are being taken and the results can likely not be trusted. There are only two phone numbers for the APA National Office Manager that is legitimate. They are: Phone: 800-APA-8037 & (423) 892-3992. The national office manager is Robbie Bennett (female). Their website is http://www.polygraph.org. A picture of the current board of directors along with their names and positions can be found http://www.polygraph.org/content/directors-and-committee. If you are given any other phone number or information for verification of an APA member, you are probably being scammed. Criminal Case Polygraph Examinations: If you have a pending criminal case and you wish to submit to a polygraph examination by an experienced school accredited examiner, I will work with your attorney to help in your respective situation. If you already have an attorney, please have their office call me to setup a polygraph so I can obtain all the information about your case. I can also refer you to some criminal defense attorneys in NYC, Westchester, Rockland and Orange County NY. If the person taking the examination is incarcerated, his or her attorney will need to get me permission to do the examination at the correctional facility. Remember every examination done by NY POLYGRAPH is 100% confidential/attorney client privilege. NY POLYGRAPH can also help you obtain the services of some the leading Private Investigators in the tri-state area. Business (Employer) Polygraph Examinations: You must give a written 48 hour notice (The Federal Employee Polygraph Protection Act of 1988) to any employee who you are asking to take a polygraph examination along with the reason for the examination. For rules and laws on giving a polygraph examination in the work place, please contact your attorney or my office. No more than five examinations can be done in one day due to the time factor in each examination. All persons are required to have proper identification and sign a consent form in front of me. Consent forms are provided by me at the time of the examination. No identification no examination. If the person has any known medical problems please tell me before you book the examination. If the person is pregnant and under five months I need a doctor’s note on their letterhead or RX pad that’s it O.K. for her to take the examination. After five months I will not test. Admissibility Polygraph results (or psycho physiological detection of deception examinations) are admissible in some federal circuits and some states. More often, such evidence is admissible where the parties have agreed to their admissibility before the examination is given, under terms of a stipulation. Some jurisdictions have absolute bans on admissibility of polygraph results as evidence and even the suggestion that a polygraph examination is involved is sufficient to cause a retrial. The United States Supreme Court has yet to rule on the issue of admissibility, so the rules in federal circuits vary considerably. The Supreme Court has said, in passing, that polygraph examinations raise the issue of Fifth Amendment protection, [Schmerber v. California, 86 S. Ct. 1826 (l966).] The Supreme Court has also held that a Miranda warning before a polygraph examination is sufficient to allow admissibility of a confession that follows an examination, [Wyrick v. Fields, 103 S. Ct. 394 (1982).] In 1993, the Supreme Court removed the restrictive requirements of the 1923 Frye decision on scientific evidence and said Rule 702 requirements were sufficient, [Daubert v. Mettell Dow Pharmaceutcals, 113 S.ct. 2786.]Daubert did not involve lie detection, per se, as an issue, as Frye did, but it had a profound effect on admissibility of polygraph results as evidence, when proffered by the defendants under the principles embodied in the Federal Rules of Evidence expressed in Daubert, see [United States v. Posado (5th Cir. 1995) WL 368417.] Some circuits already have specific rules for admissibility, such as the 11th Circuit which specifies what must be done for polygraph results to be admitted over objection, or under stipulation, [United States v. Piccinonna 885 F.2d 1529 (11th Cir. 1989).] Other circuits have left the decision to the discretion of the trial judge. The rules that states and federal circuits generally follow in stipulated admissibility were established in [State v. Valdez, 371 P.2d 894 (Arizona, 1962).] The rules followed when polygraph results are admitted over objection of opposing counsel usually cite [State v. Dorsey, 539 P.2d 204 (New Mexico, 1975).] Primarily because of Daubert, as well as the impact the other cited cases have had, polygraph examination admissibility is changing in many states. Many appeals, based on the exclusion of polygraph evidence at trial are now under review by appellate courts. Private Family Examinations: It is your responsibility to ensure that the person taking the examination is willing to do so and is free of any illegal drugs, alcohol on the day of the examination. If the person has any known medical problems please tell me before you book the examination. If the person is pregnant less than five months I need a doctor’s note on their letterhead or RX pad that’s it O.K. for her to take the examination. After five months I will not test. All persons taking a polygraph examination need to be of legal age in the state I am testing in. If under the legal age I need a legal guardian or parent present. About 95% of all private examinations are done at your home or office, so please have a normal size table and two chairs. No coffee tables, end tables or computer stands, couches, lawn furniture or snack trays. All infidelity private family examinations results will be either emailed or sent by US Postal or FedEx service the next business day. If you are looking for an American Polygraph Association examiner, always ask for his or her membership card and number. You can always verify with the American Polygraph Association by calling 1-800-APA-8037. If the person just purchased a book “How to Do a Polygraph” do you really want that person to make a major decision in your life? If anyone tells you they are certified or a court expert in polygraph ...YOU NEED TO VERIFY THAT INFORMATION WITH THE American Polygraph Association or/and the courts. Always ask who they are certified with, and verify that information. Call the county court office to verify any expert claim. |
