Skip to main content

Why Does Oklahoma License Polygraph Examiners?

Should polygraph examiners be licensed?

In Oklahoma, a license is required to work as a polygraph examiner (a professional who applies lie-detector tests), and it is not at all obvious why.


Generally, an occupation is licensed if it is obviously in the public’s interest to prevent potential bad actors from practicing. So, for example, it is argued that doctors must be licensed because, otherwise, some idiot might open a hospital in his garage and really hurt someone. And it is argued that accountants must be licensed because, otherwise, some college-dropout might offer to do accounting for an unsuspecting mom-and-pop shop, tell them their numbers look great (when, in fact, they don’t), and cause them to go bankrupt.


In short, occupational licensing is supposed to either (1) prevent real, tangible harm, or (2) assure customers that their service-provider is trustworthy. However, interestingly, licensing polygraph examiners does not accomplish either of those goals because polygraph examiners do not do anything remotely dangerous (they don’t use chemicals, break the skin, or subject anyone to discomfort or uncleanliness), nor is their practice very complicated (a short YouTube video can explain how to apply a lie-detector test). The absolute worst thing that a lie-detector test can do is produce a false-positive and assign guilt to an innocent person. We wouldn’t want an incompetent practitioner to destroy a good marriage or cause the termination of a loyal government employee, now would we?

No, but even if licensing really can guarantee that service-providers are competent, the false-positive problem still exists. The absolute best polygraph examiner in the world can’t guarantee perfect accuracy (or even half-good accuracy) because the lie-detector test itself is highly unreliable. It simply doesn’t work very well. According to the U.S. Supreme Court, the rate at which the test fails is about the same as the rate at which a coin-toss produces heads. (That is why the test is not allowed as evidence in most courts and is outright banned in all military courts.)

Therefore, licensing polygraph examiners makes about as much sense as licensing baseball players. The goal of a batter is to get hits, but it is easier said than done. An excellent hitter is still very unreliable. He’s just marginally less unreliable than a bad hitter. In the same way, a good polygraph examiner is still very bad at detecting lies. He’s just not quite as unreliable as a bad polygraph examiner.


So, there is no reason at all why the state of Oklahoma should be in the business of deciding who is allowed to try his hand at detecting lies. There is no public-interest justification whatsoever. And yet, it is indeed illegal to fail to obtain a license. Even more puzzling, the requirements imposed on license applicants are unnecessarily excessive. Acquiring a license takes several years and costs tens of thousands of dollars. In fact, it is much faster and easier to become a paramedic, despite paramedics needing much higher skill and facing much higher stakes on the job.


Not only are the requirements obviously unnecessary; they don’t even make sense. For example, an applicant needs one of either (a) a four-year degree of any kind, or (b) five years of relevant experience. That means that a philosophy major would qualify for a license over someone with four years of actual, relevant experience (one year short of the requirement).


Ultimately, it seems much more likely that polygraph examiners are licensed not because it is in the public’s interest but because it is in the interest of lobbyists. After all, licensing makes it very difficult for new people to enter the occupation. Less competition means established service-providers can raise their prices with impunity. It’s good for them, but it is bad for the rest of us (consumers and job-seekers).


The state should not involve itself in the monopolizing efforts of established practitioners of any trade. Likewise, polygraph examiners should not be licensed.


by Luke Tucker, 1889 Institute Intern and PhD candidate in Philosophy


Popular posts from this blog

Be Careful What You Wish For

The state of Oklahoma has California in its sight s . People and businesses seeking greater opportunity are fleeing California, and justifiably so. The most humane thing for Oklahoma to do is open our borders and offer economic asylum to the oppressed refugees of the People’s Republic of California. However, I urge caution. In an age dominated by masked faces and super-sensitivity to the spread of viral conditions, I suggest the California Condition (condition) should be met with great trepidation.   What is the condition? It is the virulent spread of tyranny and oppression. Common symptoms include limited freedom and mobility accompanied by exorbitant costs of living, energy, doing business, and pretty much everything else. Those suffering under the condition often experience a diminished capacity for reason. Uncommon symptoms may include fever and fits of rage. The condition is progressive. It tends to worsen as reason diminishes and illogic consumes the mind. Many that experienc...

I Abstain: Why I Refuse to Vote in Judicial Retention Elections

Over a million Oklahomans voted in the recent November 3rd election. For most, the presidential race between Joe Biden and Donald Trump is what drove them to the polls. However, some were likely confused when they reached the bottom portion of their ballot marked “Judicial Retention Elections.” What are judicial retention elections? Every two years, certain judges are placed on the ballot for a simple yes/no retention vote. These elections stem from Oklahoma’s   judicial selection method , and ask voters whether they want to keep, or retain, certain judges. Elections are staggered so judges only face retention every six years. Many claim that the merit selection method is a more sophisticated, apolitical judicial selection method than the federal model or the partisan election model, but in reality it is   much worse   than either of the two. In essence, the retention vote was a patronizing attempt to make “merit” selection more palatable to   voters back in the...

Past Performance Is Not Indicative of Future Results, Unless Government Props You Up

One January, a farmer decided to invest in the stock market. He’d had a bumper crop, and he wanted to shore up his financial future, planning for the time when providence would not be so kind. Knowing he wouldn’t have time to watch the market during the growing season, he did some research and invested heavily in a nice safe company: one that had a growth trend and had been named Fortune’s “Most Innovative Company” for six years.   That same January, a day trader wanted to make some long-term investments that he could keep on the back burner. He knew the experts were all abuzz regarding an industry-changing technology with huge growth potential. He invested in several up-and-coming companies based around this technology, certain he’d have a nice nest egg, should he ever fall on hard times.   Finally, a seasoned investor decided to divide his portfolio among dozens of strong companies. Wanting to keep his portfolio diverse, he also bought stocks in several small and str...

Hey Minnesotans: Come To Oklahoma; Police Disbanders: Get Serious

I’d like to take this opportunity to invite anyone from Minnesota, especially those from Minneapolis, to come to Oklahoma. Here's the thing: you’d better come fast. Once your police force is dismantled , and unless it is immediately replaced by another suitable law enforcement organization, how long do you think will it be before your city will quickly resemble a third world country, a dystopian hellscape, or perhaps the mythical old west? It’s not difficult to imagine, in a city with no police force, a scene from The Dark Knight Rises becoming a reality.   Oklahoma is far from perfect. Our police are far from perfect, just like our citizens. We’re trying to be a top ten state. We haven’t met that goal in all areas yet. But we are also not in danger of declaring the rule of law dead and buried. We realize that lawlessness and anarchy are not better for society than even an imperfect police force, especially one constrained by law and disciplined by courts. Our police have made mi...