Law enforcement agencies and intelligence agencies in the United States are by far the largest users of polygraph technology. In the United States alone most federal law enforcement agencies either employ their own polygraph examiners or use the services of examiners employed by other agencies. In 1978
Richard Helms, the eighth Director of Central Intelligence, stated: Susan McCarthy of
Salon said in 2000 that "The polygraph is an American phenomenon, with limited use in a few countries, such as Canada, Israel and Japan."
Armenia In
Armenia, government administered polygraphs are legal, at least for use in national security investigations. The
National Security Service (NSS), Armenia's primary intelligence service, requires polygraph examinations of all new applicants.
Australia Polygraph evidence became inadmissible in New South Wales courts under the Lie Detectors Act 1983. Under the same act, it is also illegal to use polygraphs for the purpose of granting employment, insurance, financial accommodation, and several other purposes for which polygraphs may be used in other jurisdictions.
Canada In Canada, the 1987 decision of
R v Béland, the
Supreme Court of Canada rejected the use of polygraph results as evidence in court, finding that they were inadmissible. The polygraph is still used as a tool in the investigation of criminal acts and sometimes employed in the screening of employees for government organizations. In the province of Ontario, the
Employment Standards Act, 2000 prohibits employers from asking or requiring employees to undergo a polygraph test. Police services are permitted to use polygraph tests as part of an investigation if the person consents.
Europe In a majority of European jurisdictions, polygraphs are generally considered to be unreliable for gathering evidence, and are usually not used by local law enforcement agencies. Polygraph testing is widely seen in Europe to violate
the right to remain silent. In
England and Wales a polygraph test can be taken, but the results cannot be used in a court of law to prove a case. However, the
Offender Management Act 2007 put in place an option to use polygraph tests to monitor serious sex offenders on parole in England and Wales; these tests became compulsory in 2014 for high risk sexual offenders currently on parole in England and Wales. The
Supreme Court of Poland declared on January 29, 2015, that the use of polygraph in interrogation of suspects is forbidden by the Polish Code of Criminal Procedure. Its use might be allowed though if the suspect has been already accused of a crime and if the interrogated person consents to the use of a polygraph. Even then, the use of polygraph can never be used as a substitute for actual evidence. As of 2017, the justice ministry and Supreme Court of both of the
Netherlands and
Germany had rejected use of polygraphs. According to the 2017 book
Psychology and Law: Bridging the Gap by psychologists
David Canter and Rita Žukauskienė
Belgium was the European country with the most prevalent use of polygraph testing by police, with about 300 polygraphs carried out each year in the course of police investigations. The results are not considered viable evidence in bench trials, but have been used in jury trials. with law enforcement utilizing the Event Knowledge Test (a "modification" of the Concealed Information Test) in criminal investigations.
India In 2008, an Indian court adopted the
Brain Electrical Oscillation Signature Profiling test as evidence to convict a woman who was accused of murdering her fiancé. It was the first time that the result of polygraph was used as evidence in court. On May 5, 2010,
The Supreme Court of India declared use of
narcoanalysis,
brain mapping and polygraph tests on suspects as illegal and against the constitution if consent is not obtained and forced. Article 20(3) of the Indian Constitution states: "No person accused of any offence shall be compelled to be a witness against himself." Polygraph tests are still legal if the defendant requests one.
Israel The
Supreme Court of Israel, in Civil Appeal 551/89 (
Menora Insurance v. Jacob Sdovnik), ruled that the polygraph has not been recognized as a reliable device. In other decisions, polygraph results were ruled inadmissible in criminal trials. Polygraph results are only admissible in
civil trials if the person being tested agrees to it in advance.
Philippines The results of polygraph tests are inadmissible in court in the
Philippines. The
National Bureau of Investigation, however, uses polygraphs in aid of investigation.
United States (DSS) about polygraph testing (NSA)-produced video on the polygraph process) In 2018,
Wired magazine reported that an estimated 2.5 million polygraph tests were given each year in the United States, with the majority administered to
paramedics,
police officers,
firefighters, and
state troopers. The average cost to administer the test is more than $700 and is part of a $2 billion industry. , polygraph testimony was admitted by stipulation in 19 states, and was subject to the discretion of the trial judge in federal court. The use of polygraph in court testimony remains controversial, although it is used extensively in post-conviction supervision, particularly of sex offenders. In
Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the old
Frye standard was lifted and all forensic evidence, including polygraph, had to meet the new
Daubert standard in which "underlying reasoning or methodology is scientifically valid and properly can be applied to the facts at issue." While polygraph tests are commonly used in police investigations in the US, no defendant or witness can be forced to undergo the test unless they are under the supervision of the courts. In
United States v. Scheffer (1998), the US Supreme Court left it up to individual jurisdictions whether polygraph results could be admitted as evidence in court cases. Nevertheless, it is used extensively by
prosecutors,
defense attorneys, and
law enforcement agencies. In the states of
Rhode Island,
Massachusetts,
Maryland,
New Jersey,
Oregon,
Delaware and
Iowa it is illegal for any employer to order a polygraph either as conditions to gain employment, or if an employee has been suspected of wrongdoing. The
Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for
pre-employment screening or during the course of employment, with certain exemptions. As of 2013, about 70,000 job applicants are polygraphed by the federal government on an annual basis. In the United States, the State of
New Mexico admits polygraph testing in jury trials under certain circumstances. In 2010 the NSA produced a video explaining its polygraph process. The video, ten minutes long, is titled "The Truth About the Polygraph" and was posted to the website of the
Defense Security Service. Jeff Stein of
The Washington Post said that the video portrays "various applicants, or actors playing them—it’s not clear—describing everything bad they had heard about the test, the implication being that none of it is true." AntiPolygraph.org argues that the NSA-produced video omits some information about the polygraph process; it produced a video responding to the NSA video. The polygraph was on the
Encyclopædia Britannica 2003 list of greatest inventions, described as inventions that "have had profound effects on human life for better or worse." In 2013, the US federal government had begun indicting individuals who stated that they were teaching methods on how to defeat a polygraph test. During one of those investigations, upwards of 30 federal agencies were involved in investigations of almost 5000 people who had various degrees of contact with those being prosecuted or who had purchased books or DVDs on the topic of beating polygraph tests. ==Security clearances==