possessions. The Act does not apply in occupied areas where the military commander
has supreme jurisdiction over the civilian inhabitants, or in any area under
marital rule.
The law has been interpreted to mean that military polygraph
examiners:
(1) Will not examine a person who is not subject to the UCMJ for the
purpose of assisting civil police in enforcing civil laws.
(2) May examine a soldier accused of an offense against both the civil law
and the UCMJ, at the request of civil police even though the soldier will probably
be tried in a civil court if, at the same time, a military investigation is being
conducted, and AR 195-6 has been met.
(3) May examine a person not subject to the Code in connection with the
military investigation of an offense against the Code committed on a military
reservation.
The investigation must be for a military purpose, and not for the
purpose of imposing criminal liability by a civil court for the offense, and AR
195-6 has been met.
17. Selection of Army Polygraph Examiners. AR 195-6. No person will be selected
as a candidate for the position of examiner or for training as an examiner unless
the following minimum requirements are met:
a. U.S. citizen.
b. At least 25 years of age.
c. A graduate of an accredited college (Baccalaureate Degree), plus 2 years
as an investigator with a recognized government agency.
d. Successfully screened, on the basis of a background or character
investigation, as being a person of high moral character and sound
emotional temperament (passed a polygraph examination in the screening
process).
e. Military personnel must be accredited in one of the following MOS: 311A,
351B (was 971A), 351C (was 972A).
(MOS 311A is that of a Criminal
Investigation Warrant Officer while the others are in the intelligence
field.)
18. Training.
a. Training programs for prospective Department of the Army polygraph
examiners are conducted at the DOD Polygraph Institute, Fort McClellan, AL.
The
satisfactory completion of the Polygraph Examiner Training Course is a prerequisite
for certification as a qualified examiner.
b. The training program is designed to assure that no person is certified as
a qualified examiner without having demonstrated an understanding of the following:
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