Polygraphs: Erosion of the privacy right |
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Authors: | Charles P. Nemeth |
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Affiliation: | Law/Justice Department, Glassboro State College, Glassboro, NJ 08028 U.S.A. |
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Abstract: | The polygraph is a machine which invades previously private regions in the human being. Its operation is often viewed simplistically and lacking in danger. Such naivete is the subject of this comment. The paper considers the mechanics of polygraph operation, and its theoretical basis; the legal admissibility of the polygraph in a variety of settings, and lastly the impact the polygraph has upon our private lives.Clearly, the polygraph intrudes on the private regions of each individual, and this frightening fact is cause enough to consider the human, social and constitutional implications of its use. The project considers the reliability factor of the polygraph and its questionable use in personnel and business settings; its use in disciplinary procedures and labor arbitration, as well as reviews its place in judicial process and criminal review.Most critically the paper attempts to arrive at a constitutional basis for restrictions on its use in the private sector. Ingenious arguments have been made by opponents of the polygraph, and this paper reviews the substance and content of these constitutional arguments. |
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Keywords: | Judicial and scientific acceptability Zones of privacy Balancing of interests test Private sector privacy State action argument in corporate setting |
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