SCIENCE, LAW AND THE POLYGRAPH

Research Memo Assignment

You are an associate at the firm of Drummond, Mason, Matlock and Love and have been assigned to research the following problem and write an intra-office memo for Mr. Drummond concerning the problems of one of the firm's new clients, Philip Painter. Dr. Painter is currently under investigation for possible complicity in a series of rapes that have taken place on the LSU campus over the past two years.

Dr. Painter worked as a staff physician at the LSU Health Center from 2000 to May of 2002, when the police began investigating his possible connection to the rapes. As a means of eliminating him as a suspect, his supervisor, Dr. Mary Wells, asked him to take a polygraph test in October of 2001. He refused. On May 31st he was terminated as an LSU employee. He wishes to sue the university for wrongful termination. The only issue you are required to research with regard to the termination is whether, under Louisiana law, it is permissible to terminate an employee like Dr. Painter for refusing to take a polygraph test. The investigating officer acknowledges that he has no solid evidence against Dr. Painter, other than the fact that Painter knew two of the three coeds who had been raped (he had treated them for various illnesses) and that the three women all described the man as tall (about 6 feet), white, dark haired, and about 35 years old. Painter is 6 feet 3 inches tall, white, has light brown hair and is 33. None of the women have identified Painter as the man who attacked them, nor have they identified anyone else, although the police have held two line ups and three photo identification sessions with the women.

Dr. Painter is concerned that his refusal to take the polygraph test may lead to his arrest. Obviously he wants to know if the refusal is admissible as evidence in court in a potential hearing or trial. Mr. Drummond would also like you to address that question, as well as the following concerns.

1.  Is Painter's refusal to take a polygraph exam grounds for termination under Louisiana law? If so, why? If not, under what grounds could Painter challenge it? In what kind of proceeding could he challenge it? On what basis?

2.  Is information concerning Painter's refusal to take the polygraph admissible in a criminal proceeding? Why or why not? 

N.B. A complete answer to these questions will require you to investigate the scientific basis for polygraph admissibility in various proceedings. Be sure that you clearly identify these proceedings, what the admissibility rules are, and why (what public policy, for example, is addressed by admitting or not admitting polygraph test results or information in each kind of proceeding).