hi_and_lois wrote on Mar 1^st, 2007 at 5:00am:


I think you should refuse the polygraph, get a lawyer, and not speak with investigators again in the absence of legal counsel. If you don't have a lawyer, you might find Martindale's free Lawyer Locator service helpful for finding one. Once you've gotten a lawyer, you may explain that you are refusing the polygraph based on your lawyer's advice. (If you encounter a lawyer who suggests that you go ahead and take the polygraph, take that as a sign of incompetence and find someone better qualified.)

Do not worry about looking suspicious for refusing the polygraph. The Justice Department is already suspicious of you, otherwise you would not have been asked to take a polygraph. The "test" has no scientific basis, and the Justice Department knows that it's unreliable. But it serves as a convenient pretext for interrogating you in the absence of legal counsel. (Polygraphers claim that no one but the examiner and the examinee may be present in the polygraph suite, as the presence of others would interfere with the "test." This is a lie. The real reason is that they don't want any pesky lawyers interfering with the interrogation.) And keep in mind that should you be persuaded, cajoled, or browbeaten by your polygraph interrogator into contradicting anything that you have previously stated, you risk being charged with a violation of United States Code Title 18, Section 1001 (lying to a federal official).

For more information about polygraph validity, policy, and procedure, see The Lie Behind the Lie Detector, and for a preview of the sorts of interrogation tactics you might encounter should you disregard my advice and go ahead with the polygraph, see the Department of Defense Polygraph Institute's Interview & Interrogation Handbook.

I am always a bit surprised in this day and age when someone doesn't know this, but you should hire an attorney.  Ask the attorney to familiarize you with the Fourth, Fifth, and Sixth Amendment.

If a law enforcement officer wishes to question you about a crime you can feel free to exercise your rights.  That doesn't make you guilty and no ethical law enforcement officer will seek retaliation if you exercise the rights afforded to you by the U.S. Constitution.

Hi_and_Lois

Absolutely tell them when and where you did your research. And that based on that research you changed your mind and will not take there bogus test. You could even download and print out , "The Lie Behind The Lie Detector", and show them your copy. Again you have the right to refuse at anytime without consequences. But do read the book you downloaded so you understand what you are talking about and why you know it to be an invalid process. Remember the polygraph is just an interrogation tool, its power is in the fear it generates to get you to cough up information. If you have none then, you have nothing to worry about. And you don't have to take there silly test either. Much luck to you.

Regards

by refusing to take the test after i agreed, i think they'll only want to talk more.  but the idea that they will take this test and use it against me, which is what i think they'll do, is disturbing.  what can i say to them, why am i rejecting their test, should i just tell them i researched it and the concept is ridiculous.

Hi_and_Lois,

First of all you have the right to refuse the polygraph. No one can make you take it. Which I would recommend that you refuse to take it (just my opinion, of course). Next I would get myself an attorney and have him waiting in the wings.  If you had nothing to do with the deed in question then you have no worries at all. What you can expect is that the polygrapher is a trained interrogator and he/she will try and intimidate you. Don't let it happen. If you decide to have the polygraph then most likely the format will be the GKT (Guilty Knowlege Test) format. As only someone with specific facts of the crime will know specific issues relating too it. Again I recommend that you refuse. Also their can be no retaliation for refusing, its part of the law (EPPA - Employee Polygraph Protection Act).  They will try and brow beat you into taking it, but stand your ground, as you have to volunteer to be polygraphed. Next quote this website that you have studied and researched polygraphy and you know it to be a load of garbage. This will usually end most discussions, as the element of fear and surprize is now gone from the polygrapher and the people who are trying to push this issue. I wish you well and much success.

Regards ....

Polygraph test next week.   

Scenario:
Guy at work does something bad.  Guy at work is a 'friend', I am called in to the by people with the U.S. Justice Depo, and they demand that I tell them what I know.  I know nothing, I tell them so, and they persist.  Finally, I agree to a polygraph.  I did this to get them away from me,  and from reading this site I wish I hadn't ever even spoken with them.   

Issue at hand-
I know nothing of the crime, I was not told nor did I see said crime.  I downplayed my friendship with this person for several reasons.   

Scared because:
I'm always nervous, especially around the police.  Know I'm not involved in the case in any way, but fear they will pursue interogation of me if the friendship issue comes up. 

What's the deal.   I told them I would take it, and I certainly would look like I knew something if I refused.  But man, this could ruin my life and I don't know anything.