Normal Topic Help! Polygraph to determine court case (Read 2759 times)
Paste Member Name in Quick Reply Box Poly-Anna_Poly-Ann
New User
*
Offline



Posts: 1
Joined: Sep 14th, 2001
Help! Polygraph to determine court case
Sep 15th, 2001 at 4:42am
Mark & QuoteQuote Print Post  
I wonder if anyone has any experience or advice about the use of polygraphs in a non-criminal court case.  I have a situation which seems impossibly strange and I don't know what to think... or do.

The background: I had to go to court to evict a tenant, who was ordered by the judge to vacate and return certain expensive personal property to me and also to refrain from vandalizing the house.  The individual did not return the property and did thousands of dollars of damage to the house, so I went back to the judge, asking that the individual be held in contempt of court.  The judge listened to my testimony and my witnesses and then the defendant's denials. Before listening to any of the defendant's witnesses, the judge interrupted and asked the defendant if he would let the matter be settled by a polygraph administered by a State Police Examiner . The defendant heartily agreed and my lawyer suggested that we go along (which I now regret though if I had objected it would probably have upset the judge). As we were adjourning, the judge asked me, almost as an afterthought, if I would also agree to take a polygraph.  I declined, saying that I had nothing to prove, but the judge gave me a very skeptical look. Please consider that this is taking place in a very small town in a somewhat rural area of the South.

Questions: 
--Can this be legal?  
--Does anyone have any similar experience?
--How might State Police examinations differ from job related polygraphs?  (I'd prefer not to reveal the particular state publicly.)
--What if he "beats" the polygraph, appearing innocent of the theft and vandalism?  He made the counterclaim that I fabricated the charges for spite, which the judge might believe if I don't also take the exam. 

Any thoughts or advice would be gratefully received!



  
Back to top
 
IP Logged
 
Paste Member Name in Quick Reply Box George W. Maschke
Global Moderator
*****
Online


Make-believe science yields
make-believe security.

Posts: 6220
Joined: Sep 29th, 2000
Re: Help! Polygraph to determine court case
Reply #1 - Sep 15th, 2001 at 5:18am
Mark & QuoteQuote Print Post  
Polly-Anna Poly-Ann,

What the judge is doing may well be legal in your state. I suggest you consult with a lawyer on this. Whether it is legal or not, the judge is either ignorant, incompetent, or both to have suggested that the matter be settled by a pseudoscientific polygraph "test." You were right not to agree to this, and while I am not competent to dispense legal advice, it seems to me that you might have sufficient legal ground to have this judge removed from the case.

Your erstwhile tenant could well beat the "test." (See Chapter 4 of The Lie Behind the Lie Detector to find out how.) That polygraph "tests" are easily beaten through the use of simple countermeasures that polygraphers cannot detect (despite their unsupported claims to the contrary) is reason enough for placing no reliance on them.

There is not all that much difference between the kind of polygraph "test" that would likely be used in your situation and those commonly used in pre-employment screening. Both would likely be probable-lie "Control" Question "Tests." See Chapter 3 of The Lie Behind the Lie Detector for further details.

In explaining your refusal to allow your case to be settled by a pseudoscientific trial by ordeal, feel free to refer the judge to The Lie Behind the Lie Detector (you might want to give him a printout) and to AntiPolygraph.org.
  

George W. Maschke
I am generally available in the chat room from 3 AM to 3 PM Eastern time.
Tel/SMS: 1-202-810-2105 (Please use Signal Private Messenger or WhatsApp to text or call.)
E-mail/iMessage/FaceTime: antipolygraph.org@protonmail.com
Wire: @ap_org
Threema: A4PYDD5S
Personal Statement: "Too Hot of a Potato"
Back to top
IP Logged
 
Paste Member Name in Quick Reply Box beech trees
God Member
*****
Offline



Posts: 593
Joined: Jun 22nd, 2001
Gender: Male
Re: Help! Polygraph to determine court case
Reply #2 - Sep 15th, 2001 at 5:31am
Mark & QuoteQuote Print Post  
Also, if you feel comfortable telling us in which state you reside, I'm certain someone can quote you the specific laws and guidelines covering polygraph testing.
  

"It is the duty of the patriot to protect his country from its government." ~ Thomas Paine
Back to top
 
IP Logged
 
Help! Polygraph to determine court case

Please type the characters that appear in the image. The characters must be typed in the same order, and they are case-sensitive.
Open Preview Preview

You can resize the textbox by dragging the right or bottom border.
Insert Hyperlink Insert FTP Link Insert Image Insert E-mail Insert Media Insert Table Insert Table Row Insert Table Column Insert Horizontal Rule Insert Teletype Insert Code Insert Quote Edited Superscript Subscript Insert List /me - my name Insert Marquee Insert Timestamp No Parse
Bold Italicized Underline Insert Strikethrough Highlight
                       
Change Text Color
Insert Preformatted Text Left Align Centered Right Align
resize_wb
resize_hb







Max 200000 characters. Remaining characters:
Text size: pt
More Smilies
View All Smilies
Collapse additional features Collapse/Expand additional features Smiley Wink Cheesy Grin Angry Sad Shocked Cool Huh Roll Eyes Tongue Embarrassed Lips Sealed Undecided Kiss Cry
Attachments More Attachments Allowed file types: txt doc docx ics psd pdf bmp jpe jpg jpeg gif png swf zip rar tar gz 7z odt ods mp3 mp4 wav avi mov 3gp html maff pgp gpg
Maximum Attachment size: 500000 KB
Attachment 1:
X