TB PMG 22 DEPARTMENT OF THE ARMY TECHNICAL BULLETIN POLYGRAPH EXAMINATIONS @ DEPARTMENT OF THE ARMY NOVEMBER 1966"TB PMG 22 DEPARTMENT OF THE ARMY TECHNICAL BULLETIN POLYGRAPH EXAMINATIONS nr Headquarters, Department of the Army, Washington, D.C, 1 November 1966 Section I. INTRODUCTION Definitions. Legal status t. m. ‘Une of interpreters. Avriwpix. REFERENCE! Section L INTRODUCTION 1. Purpose. This bulletin is designed w acquaint criminal investigators with the use, Purpose, capability, and limitations of the poly- graph aa an investigative aid. 2 Scope. This bulletin discusses the legality of the use of the polygraph, the theory of the polygraph technique, the responsibilities of the “This bulletin supersedes TH PMG 22, 10 February 1955. 7AG0 #74, investigator and the polygraph examiner, the value and limitations of the polygraph, its most effective uses, and those practices which are either prohibited or detrimental to the effec- tive use of the polygraph. It does not provide instruction in the technical operation of the polygraph or in the evaluation of resulta ob- tained through its use.3. User Comments, Users of this bulletin are encouraged to submit recommend changes or comments to improve the bulletin. Comments should be directed to the specific pege, para- graph and line of the text in which the change ia recommended. A reason should be provided for each comment to insure understanding and complete evaluation. Comments should be for- warded to The Provost Marshal General, ATTN: PMGS-C, Department of the Army, Washington, D.C. 20815. 4. Definitions. «. Polygraph. An instrument designed to continuqusly record the occurence of physiological phenomens of the human body on amoving chart, Standard Army polygraphs record pulse and blood pressure variations, respiration rate and relative volume, and changes in akin resistance. b. Polygraph Test. A series of relevant, ir- relevant, and control questions prepared by the examiner, appropriate to the matter under in vestigation and asked of the person being examined. ¢. Authorizing Representative. Individuals designated in accordance with AR 195-12 who may approve the conduct of a polygraph ex- amination in criminal or counterintelligence cases: No polygraph examination may be con- ducted unless approved by these representa- tives. 5. Legal Status. The polygraph examination is an aid to investigation. If 2 person agrees to the examination, after being advised of his legal rights, his rights are not violated. The polygraph examiner's opinions and hia evalua- tion of the test charts are not evidence and cannot be used in court. However, the examiner may be called upon to testify in court to show the voluntary nature of a statement, admission, or confession obtained after an individual agreed to the examination. a. A legally obtained statement, admission, or jconfession may be entered in evidence (MCM, 1951); the use of the polygraph does not alter this fact. If the examiner received an ora) confession, he may testify in court about it. He is not encouraged to take a written statement, as this should be done by the inves- tigator working on the case. This procedure helps to keep the examiner out of court and provides an additional witness to verify the voluntary nature of the statement obtained. 6. Military police polygraph examiners and their equipment must not be used in violation of the Posse Comitatus Act. This law pro- hibits the Armed Forces trom executing civil law in the United States, its territories, and possessions. The Posse Comitatua Act does not apply in occupied areas where the military com- mander has supreme jurisdiction over the civilian inhabitants, or in any area under mar- tial rule. The law has been interpreted to mean that military police polygraph examinera— (1) Will not examine a person, who is not subject to the Uniform Code of Mili- tary Justice, for the purpose of aasist- ing civil police in enforcing civil law. (2) May examine a soldier accused of an offense against both the civil law and ‘the Uniform Code of Military Justice, at the request of civil police even though the soldier will probably be tried in 0 civil court if, at the same time, a military investigation is being conducted of the offense, and the re- quirements of AR 195-12 have been met, (8) May examine 4 person not subject to the Code in connection with the mili- tary investigation of an offense against the Code committed on a mili- tary reservation, provided that the in- vestigation is for a military purpose, and is not for the purpose of imposing criminal liability by a civil court for the offense, and the requirements of AR 195-12 have been met. 6 Polygraph Examiners, The qualifications and procedures for certification of polygraph examiners in the U.S. Army are set forth in AR 198-12, Only duly certified examiners, or apprentice examiners under the immediate supervision of certified examiner, sre au- thorized to conduct polygraph examinations, 7. Polygraph. All polygraphs currently in use in the US. Army are three-channel instru- ments, commercially produced. ‘These instru- tents, component parts, and supplies are avail- able through normal supply channel ‘sao ann,