Very Hot Topic (More than 25 Replies) DOD Polygraphs (Read 25284 times)
Paste Member Name in Quick Reply Box Drew Richardson
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Re: DOD Polygraphs
Reply #15 - Jul 12th, 2002 at 3:11pm
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Anonymous,

You state:

Quote:
...I do believe polygraphs detect deception and so do you...


Sorry, but not in this lifetime.  As I have indicated numerous times, I believe control question polygraphy often is nothing more than a recording of physiological response(s) to the consequences (e.g., being denied employment, further investigation, prosecution, conviction, loss of friends, family, fortune, etc) of being found deceptive about a relevant question issue, NOT, and I repeat NOT, an indicator of having been deceptive about anything.  Along with base rate problems, it is this phenomenon that likely leads to the large number of false positive (an innocent examinee being found deceptive) results that are reflected in the continual stream of examinee testimonies on this site.

With regard to Title 18 USC 1001 and countermeasure denials, I would ask you which AUSA is going to be willing to wade through the snake pit of lies that exists in the polygraph suite to find the one that serves his prosecutorial purposes, and what polygraph examiner will willingly have his litany of lies exposed in the due course of a defendant's defense??

For the sake of conversation, let's assume there is an AUSA is willing to so wade.  He, of course, is faced with proving beyond a reasonable doubt the elements of the crime being prosecuted.  With regard to lying about countermeasures, absent an examinee admission about same, two tasks are required on the part of the polygraph examiner for a prosecutor to successfully prosecute his case: (1) detect the countermeasure effort (2) to prove beyond a reasonable doubt that the physiological recording is in fact evidence of a countermeasure attempt.  To date the polygraph community has been unwilling and/or unable to meet my challenge to demonstrate its ability to accomplish the first of two tasks, let alone the combination of the two (that is considerably more difficult).  I suppose that if there exists anything useful in the thought process you have led us through, it would be to reinforce the site administrator's admonition about not making admissions regarding the use of countermeasures (however your thinking has little if any bearing on the advisability of using countermeasures in the first place).  For that, I suppose this readership should be thankful for your comments.

You began this thread with goading Mr. Maschke about insider information within the polygraph community, then chided him for not producing it, meandered through a discussion of Title 18 USC 1001 and have along the way provided us with the aforementioned quote.  If you do truly believe as you say that you  "hate polygraphs and I do think, that because of how they're being abused, they should be banned..." you might well better focus your position and message.
« Last Edit: Jul 12th, 2002 at 11:22pm by Drew Richardson »  
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Re: DOD Polygraphs
Reply #16 - Jul 12th, 2002 at 4:25pm
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To further cover the point about Title 18 USC 1001 let me state this, you may call it civil disobedience or whatever you like, but this is a binding law that has teeth. If you fill out the SF-86 (form for national security positions), have an interview as part of your background check, or yes, undergo a federal preemployment polygraph, you are not only subject to Title 18, but you are also adviced to the fact that you are Subject to it.


Big deal. I grow weary of the transparent tactics of the pro-polygraph community here on this board. When confronted with the Countermeasure Challenge, or indeed any mention of the use of countermeasures, they 1. Attack the messenger's character. 2. Bluff that countermeasures (as described in The Lie Behind The Lie Detector) can be discerned-- yet when asked HOW countermeasures are discerned, or even to produce ONE EXAMPLE of a test subject who employed countermeasures and was detected as doing so (absent a confession), they are unable to articulate nor produce such evidence. This is the case one hundred percent of the time on this discussion board. This is important enough to the discussion at hand to repeat: Polygraphers have never offered one shred of evidence here-- other than their 'good word'-- that they can detect countermeasures as described in The Lie Behind The Lie Detector. It bothers them greatly that the paradigm of power has been handily wrested from their clutches and now sits firmly with the interrogation victim, and they will do and say ANYTHING in order to negatively influence one's choice on whether or not we the people control the polygraph interrogation or allow the polygrapher to dictate the outcome. 3. and of course this latest tactic is tangential to the 'you're going to be in so much trouble if you lie' spew. 

Anonymous, please name one person who has ever been prosecuted under Title 18 USC 1001 for using the kinds of countermeasures as described in The Lie Behind The Lie Detector during the couse of a Federal government agency administered polygraph interrogation. Ana Montes? Brian Regan? Aldrich Ames?

No one will ever be prosecuted under Title 18 USC 1001 for employing countermeasures (absent an admission from the examinee) because 1. countermeasures are undetectable and 2. to do so retroactively (as would be the case with the above noted spies) would be tantamount to admitting that the polygraph is worthless other than as an interrogation prop (as it is currently used).

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If you think this is a law that is just taken lightly, I just ask you to consider the Forest Service employee involved in starting all the fires in Colorado... The first thing she was charged with was a violation of Title 18 for turning in a false report.  This offense is punishable by up to a $10,000 fine and five years in prison.


No one is saying the law doesn't have teeth, nor that it lacks severe and harsh penalties should one be convicted of same. The above mentioned charge (if it is true) is a all-too-common tactic of the prosecution-- dogpile on the charges and then use those charges to plea bargain down to the heart of the matter-- in this case arson. I respectfully suggest this also has nothing to do with the subject at hand.

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Secondly, and more pertinent to the question of whether one should lie or not on the polygraph or any other part of an investigation  is Guideline E of the Adjudicative Guidelines used by agencies throughout the federal government: 
http://www.fas.org/sgp/spb/class.htm

If you notice, this guideline is the only guideline that may require disqualification of an individual seeking a security clearance.  Take it from me gents, the government does not kid around when it comes to falsification issues.  If fact, if you read any appeal decisions concerning denied clearances you will often find that individuals were denied clearances simply because they had lied about information, that in of itself, would have not disqualified them.


Since countermeasures as described in George and Gino's book have never been proven to be detectable, what of it? Your argument started out as an ethical one-- the morality of lying in violation of this country's laws. As George said, this is clearly, CLEARLY malum prohibitum and, IMHO, a non-issue as Title 18 USC 1001 is repugnant to the US Constitution and is thus null and void. Note I am not dismissing the consequences, I am dismissing the notion that there is something morally wrong in disobeying an un-Constitutional law.

Now you are making dire prognostications over the consequences of lying. I'm saying there are no consequences as the techniques as decribed here are undetectable, absent an admission from the examinee.

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Again, I want to stress that I hate polygraphs and I do think, that because of how they're being abused, they should be banned. I do however disagree with some of the things said on this website, like in every aspect of life, the truth can be found somewhere between the middle of the two opposing opinions:


I don't like people who think moderation and/or compromise is the key to 'understanding' the truth behind an issue. Inevitably those who argue for same then try to sway one's opinion over to their side. Let's see if this holds true here as well:

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1.  The point that polygraphers expect you to LIE to control questions is not necessary true.


~BINGO!~ JB, is that you? Many of the anti-polygraph contributors here choose to remain anonymous, but at least we have the courtesy to do so under a single, registered screen name. This tired, wheezy, geriatric argument again? Yes, polygraphers lie during the course of a polygraph interrogation. To argue otherwise is just absurd and frankly, insulting to anyone with a brain and a knowledge of the basic facts of polygraphy.

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The only expectation is that you have a significant response to these questions.  For example, if a question such as: Have you ever lied to anyone you love, is asked, the idea is that even after you admit all the times you remember having to a loved one, you will still be nervous about the question and therefore have a significant response. A polygrapher would definitely expect you to admit to any serious lie, i.e. having been involved in a crime, adultery, etc.


Why would we be nervous if we're telling the truth? And if a 'significant response' only indicates nervousness on a Control Question, how in the hell does a 'significant response' on a Relevant Question suddenly indicate deception, instead of 'nervousness'?

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2.  I do believe polygraphs detect deception and so do you!


You must have a willing subject in order for hypnosis to work, anonymous! No, in point of fact I do not believe polygraphs detect deception.

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The fact is polygraphs detect bodily reactions and Lying does cause the body to react.


Oh goodness, here we go again! 

When you were growing up, if you are like most people, you
were raised to know the difference between right and wrong.
Quite probably, all of the adults you came in contact with--your parents, grandparents, relatives, teachers, church officials--taught you that lying, cheating, and stealing were wrong. Ever since you were a young child, you have been programmed to know that ying is wrong. Think about the first time you lied and got caught. Remember how your body felt during that confrontation. Your heart may have been racing or you may have been sweating. However, the responses were automatic; your body adjusted to the stress of the situation.


No, anonymous, we're not buying that here today, but thanks for playing.

Quote:
Even countermeasures prove this point... The countermeasures advocated on this site suggest one produce a more significant response to control questions in order to minimize the significance of any reaction to revelant question.


Because those sets of reactions are the ones that polygraphers delude themselves into believing connote truth or falsehood. We're simply augmenting physiological reactions to fit your paradigm-- it has absolutely nothing to do with whether or not we believe it-- quite the opposite is true! Silly, silly man.

Quote:
The problem with the polygraph is the LYING is not the only thing that can cause significant responses.  I would have no problem with the polygraph if they were really used how they are supposed to be used - as an investigative aid to direct investigations.


An interrogation prop, you mean?

I originally hoped that instrumental lie detection would become
a legitimate part of professional police science. It is little more
than a racket. The lie detector, as used in many places, is nothing
more than a psychological third-degree aimed at extorting confessions
as the old physical beatings were. At times I’m sorry I ever
had any part in its development.
John Larson

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3.  We as Americans have the right to disagree with, protest, and attempt to change laws, but we should not merely decide to ignore laws when they don't conform to our agendas.


When the agenda involves Life, Liberty, and The Pursuit of Happiness, yes we should. To do otherwise would be an act of cowardice.

If we listened to you, anonymous, blacks would still be sitting at the rear of the bus. Women wouldn't have the right to vote. Hell, we might still be a colony serving at the King's whim, cranking out tar pitch and shipmasts for His Majesty's Royal Navy if we listened to that crap!

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4. I think that the endless argument over the validity of the polygraph is a lost cause.


What argument? The polygraph is a pseudo-scientific fraud that has ruined the lives of many, many hard working, honest people, and is the root cause of many people interested in public service being denied their dream. It's a lost cause from the pro-polygraph side, without a doubt.

Quote:
Unfortunately for us, the general public is under the misconception that polygraphs are infalliable and no politician, especially after Sep 11, would in his right mind advocate the end of polygraphs in security investigations base on their validity.


1. What do you mean, 'us', paleface?

2. George has already noted the recent, timely demise of the Philly Hotbox.
« Last Edit: Jul 12th, 2002 at 5:23pm by beech trees »  

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Re: DOD Polygraphs
Reply #17 - Jul 12th, 2002 at 6:59pm
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Anonymous,

     I'm sorry, but with this statement: "...I do believe polygraphs detect deception and so do you...", you have not only lied (as evidenced by Beechtrees' response), but you have discredited any further statements/points/arguments you may make in the future. Polygraphs DO NOT detect deception. I choke on the fact that any intelligent person would EVER buy that load of crap. I would suggest a retraction immediately....but that's just me.

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Re: DOD Polygraphs
Reply #18 - Jul 12th, 2002 at 7:33pm
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I was reviewing the posts on this topic and one question came to my mind. (I hope that someone on this site is qualified to opine on the following subject)

When I took all 3 polygraphs, I was taking Xenadrine (Rapid FatLoss Catalyst). It causes sympstoms/feelings of rapid heartbeat, dizziness, severe headache, shortness of breath and or similar symptoms (including feeling very hyper). I told them I was taking that off-the-counter drug. The agent who interviewed me strongly believed that was creating some reactions and false readings, etc. 

Does anyone know whether the above drug could have affected the polygraphs?

  
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Re: DOD Polygraphs
Reply #19 - Jul 12th, 2002 at 7:56pm
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fightbackk wrote on Jul 12th, 2002 at 7:33pm:

I was reviewing the posts on this topic and one question came to my mind. (I hope that someone on this site is qualified to opine on the following subject)

When I took all 3 polygraphs, I was taking Xenadrine (Rapid FatLoss Catalyst). It causes sympstoms/feelings of rapid heartbeat, dizziness, severe headache, shortness of breath and or similar symptoms (including feeling very hyper). I told them I was taking that off-the-counter drug. The agent who interviewed me strongly believed that was creating some reactions and false readings, etc. 

Does anyone know whether the above drug could have affected the polygraphs?
 


Although I'm not an MD, it stands to reason that anything which influences what the polygraph measures (i.e. breathing rate/amplitude, heart rate, blood pressure, GSR) would show up on the polygraph chart.  If the polygrapher believes there's too much "noise" (read: random readings) then they could find the chart "inconclusive" (according to the DoDPI's materials).  If the random changes take place at unfortunate times, you might be viewed as "deceptive".  And if the polygrapher suspects the noise is due to some attempt to fool him, you might also be viewed as "deceptive".

Although it's fairly safe to assume most polygraphers do not have training in medications and their effects (much less anything like a medical degree), it's certainly possible that your medication caused the result indicated.

Hell, given the fact that contracting the anal sphincter muscle produces a change in blood pressure (and perhaps GSR/heart rate, as well), simply needing to relieve oneself could produce "deceptive" (or "truthful", or "inconclusive") charts.

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Re: DOD Polygraphs
Reply #20 - Jul 12th, 2002 at 8:47pm
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Fightbackk, Skeptic, and Anonymous,

Fightbackk, I will answer your question, largely to return this thread to the subject matter suggested by Anonymous and to give him the opportunity to answer the relevant posts within this/his thread. 

The specifics of Xenadrine are largely unimportant in answering your question.  Although this multi-component preparation would likely have a variety of effects on ANS physiology (as recorded via a polygraph exam), because these effects (as is the case with other drugs) are non-selective (not specific to either relevant  or control questions), it is unlikely that either intentionally or unintentionally an examinee taking this medication would thereby produce (solely through this mechanism) either a deceptive or non-deceptive polygraph finding.  At most one would expect that a conclusive polygraph result (deceptive or non-deceptive) would be rendered inconclusive.  Because inconclusive polygraph results often have the same consequences as do deceptive results for an examinee (particularly with regard to applicant screening), pharmacological countermeasure efforts would be both ineffective and unnecessary (many other useful stimulus-specific physical and mental countermeasures available).  Although there may exist unintended effects (an inconclusive result) for an innocent examinee properly taking medications, these as well as the inherent (non-drug related) error of CQT polygraphy leading to false positive results can most likely be overcome through the use of properly applied countermeasures.
  
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Re: DOD Polygraphs
Reply #21 - Jul 13th, 2002 at 12:46am
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Wow,
That was a bunch of replies, let me see if I can present my OPINION more clearly:

*. First of all, a lot of you expressed disagreement or right out angry because I stated that polygraphs do detect deception. Believe me gents, I am not a closet polygraph supporter, through years of experience, I have, however, learned to attempt to consider and troubleshoot problems or issues OBJECTIVELY.  Now, to give you a little background about myself, I started visiting this site about 1 1/2 years ago after I underwent a preemployment polygraph.  I didn't lie during my polygraph, but I was worrying about a slight issue (I know today, that this issue would not disqualify me from keeping a clearance) while I was being polygraphed.  I underwent a post-test interrogation and I explained to the polygrapher why I was worried about a certain question he was asking me.  He had me write a statment and that was the end of the poly. He did not, however, hook me back up to verify what I told him.  Of course, I freaked out and started worrying about not passing and I starting visit this and other sites on the net.  Note, my package for the agency in question is still being processed, but, I don't know whether or not the poly situation will cause me problems.
Since, the time that I began visiting this site and researching polygraphs I have viewed many different opinion and over time, I have developed my own opinion and that is the only thing I'm expressing here. 

2.  When I said polygraphs detect deception, I was in no way supporting their use in preemployment screening.  Here's an analogy that expresses my opinion: I view the polygraph as being similar to a metal detector and lies as being similar to a precious metal for polygraphers.  Although metal detectors do in fact detect precious metals, they also detect coke cans, tin, pennies and all other kinds of useless metals. The misuse of polygraphs can be equated to a G-man's metal detector going off and him selling the farm before he actually digs through the sand to make sure he discovered a precious metal. 

Now that I've explained my position let me respond to your replies:

Skeptic, George, and Mr. Richardson posted:
Quote:
*I can agree with much of what you wrote.  However, it is simply not necessarily true that lying causes the body to react.  I think it is more accurate to say guilt (read: internalized concern over being caught) may cause the body to respond.  The whole point of the pre-test "pep talk" is to instill a fear of lying that may not have been there before.

Quote:
No, I don't believe that polygraphs detect deception. They record relative changes in certain bodily functions on the basis of which polygraphers make inferences about a subject's truthfulness or deceptiveness. And as Skeptic correctly observed, lying may or may not cause one's body to react in ways that are measurable by the polygraph.

Quote:
Sorry, but not in this lifetime.  As I have indicated numerous times, I believe control question polygraphy often is nothing more than a recording of physiological response(s) to the consequences (e.g., being denied employment, further investigation, prosecution, conviction, loss of friends, family, fortune, etc) of being found deceptive about a relevant question issue, NOT, and I repeat NOT, an indicator of having been deceptive about anything.  Along with base rate problems, it is this phenomenon that likely leads to the large number of false positive (an innocent examinee being found deceptive) results that are reflected in the continual stream of examinee testimonies on this site.

As stated above, you all agree that polygraphs may detect guilt, relative changes in bodily functions, and/or physiological response(s) to the consequences.  I am by no means a polygraph expert and I'm sure that gentlemen such as Mr Richardson, know much more about them that I do, but I am good at gathering and analyzing facts.  I believe that in some people, me for instance, lying would cause guilt, relative  changes in bodily functions, and/or physiological responses.  Again, I don't think that lying is the only thing that causes these reactions, but it is one of them.  Additionally, most polygraphs consist of many series of the same questions, if a subject has a significant response to the same question, over and over, throughout an examination, I think it is safe to say that he or she has a problem with that question. I still don't believe that this means you can automatically say, "WHAM, he's lying." 

In reference to the replies about Title 18, I want to make this point: I don't think that the issue should be, "Will a AUSA prosecute you for a violation or not." The reason I brought this law up is that I believe many of the visitors to this sight might have slight issues in their background and they might be considering the question: "Should or should I not tell?" I believe that it almost always behooves those with minor issues to fess up instead of lying.  Secondly, as I previously mentioned, I have concerns about the fact that a person with minor issues that uses countermeasures may be cornered into lying and, thus, have a more major issue in their background.  Of course I don't think these individuals would be prosecuted but I do KNOW any adjudicator that has evidence of any willful falsification or Omission will usually issue a adverse clearance decision.  And, no gents, adjudicators do not need to prove falsification beyond a reasonable doubt. They make these decisions routinely on the basis of a preponderance of evidence (51% chance).   

In terms of malum prohibitum laws, George, do you know that most crimes including drug trafficking, tax evasion, not paying child support, ect, are malum prohibitum crimes?

FOR BEECH TREES:
You got a little snippy on your reply, so let me tell you a few things I think about you and your positions. Please, correct me if I'm wrong (I know you will):

Something interesting occurred to me. YOU LIED ABOUT A RELEVANT ISSUE ON YOUR POLYGRAPH! I'll tell you why I know this. You posted:

Quote:
*I am a lay person, and with a little effort and a bit of moxy successfully passed my polygraph interrogation using countermeasures.

How can you be so sure that countermeasures are responsible for the fact that you passed your polygraph? If you were being honest about relevant issues during your poly and you were just using countermeasures to ensure that you'd pass, there would be no way of knowing that the use of countermeasures was responsible for you passing the exam. The only way for you to know that you passed because of countermeasures is that you LIED (big dog Title 18 type lie) about something relevant and you still passed because you were using countermeasures.

*Secondly, who named Justice Beech Tree to the Supreme Court, that last I knew only courts decide that laws are unconstitutional.

*Third, I have respect for George and Drew, but you often regurgitate what they say. Do you have any thoughts of your own? If George was the Bull Dog in Looney Toones, I see you as the mangy pouch that follows him going, "Hey Spike, Hey Spike!"



  
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Re: DOD Polygraphs
Reply #22 - Jul 13th, 2002 at 8:18am
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Wow,
That was a bunch of replies, let me see if I can present my OPINION more clearly:


Take it as a compliment, Anonymous.  I, for one, think you've raised some good, relevant issues in a well-written manner.

Quote:

*. First of all, a lot of you expressed disagreement or right out angry because I stated that polygraphs do detect deception. Believe me gents, I am not a closet polygraph supporter, through years of experience, I have, however, learned to attempt to consider and troubleshoot problems or issues OBJECTIVELY.  Now, to give you a little background about myself, I started visiting this site about 1 1/2 years ago after I underwent a preemployment polygraph.


I'm just guessing, given the length of time you've been waiting, that the agency in question has a three-letter acronym beginning with "F" and ending with "I". Wink


Quote:

2.  When I said polygraphs detect deception, I was in no way supporting their use in preemployment screening.  Here's an analogy that expresses my opinion: I view the polygraph as being similar to a metal detector and lies as being similar to a precious metal for polygraphers.  Although metal detectors do in fact detect precious metals, they also detect coke cans, tin, pennies and all other kinds of useless metals. The misuse of polygraphs can be equated to a G-man's metal detector going off and him selling the farm before he actually digs through the sand to make sure he discovered a precious metal.


Quote:

In reference to the replies about Title 18, I want to make this point: I don't think that the issue should be, "Will a AUSA prosecute you for a violation or not." The reason I brought this law up is that I believe many of the visitors to this sight might have slight issues in their background and they might be considering the question: "Should or should I not tell?" I believe that it almost always behooves those with minor issues to fess up instead of lying.  Secondly, as I previously mentioned, I have concerns about the fact that a person with minor issues that uses countermeasures may be cornered into lying and, thus, have a more major issue in their background.  Of course I don't think these individuals would be prosecuted but I do KNOW any adjudicator that has evidence of any willful falsification or Omission will usually issue a adverse clearance decision.  And, no gents, adjudicators do not need to prove falsification beyond a reasonable doubt. They make these decisions routinely on the basis of a preponderance of evidence (51% chance).  


I believe there is a basic contradiction in the above two points.  You've readily acknowledged the "false positive" problem, but you don't seem to take it into consideration when it comes to what a polygraph screening applicant must face.  Clearly, actual fabrication is not the only way one may be disqualified on the grounds of falsification or omission.  A bad flip of the coin on the polygraph may do so, too.  Your advice to those people would seem to be, "just tell the truth and take your chances that they'll call you a liar, anyway".

And what would you tell the person who is familiar with the polygraph's deceptions and potential countermeasures?  Do you really believe such a person has a reasonable chance of a successful adjudication without lying about that knowledge, to say nothing of using it?

Quote:

In terms of malum prohibitum laws, George, do you know that most crimes including drug trafficking, tax evasion, not paying child support, ect, are malum prohibitum crimes?


I'm sure, by the above, that you did not intend to go beyond classifications of crimes to equate defending oneself against a fraudulent, unfair and coercive process with drug trafficking, etc.  Regardless, is the above assessment a legal fact or a lay opinion?  If the former, I'll defer to your knowledge on this, as I am most certainly not a legal expert.  If the latter, I must dispute it; I can think of real violations of commonly-held morality and norms of behavior inherent in the above.   

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Re: DOD Polygraphs
Reply #23 - Jul 13th, 2002 at 10:09am
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Anonymous,

I agree with Skeptic that you've raised a number of relevant issues. While I don't believe that you're a polygraph advocate masquerading as an opponent, perhaps you can see why some may have suspected as much. In any event, even if such were the case, it would have little bearing on the merits of the arguments you've presented.

I'd just like to elaborate on one of the points Skeptic raised:

Quote:
And what would you tell the person who is familiar with the polygraph's deceptions and potential countermeasures?  Do you really believe such a person has a reasonable chance of a successful adjudication without lying about that knowledge, to say nothing of using it?


We noted in Chapter 4 of The Lie Behind the Lie Detector:

Quote:
One graduate of [the Department of Defense Polygraph Institute] has cautioned that if a subject were to follow this "complete honesty" approach [i.e., openly admitting knowledge of the psychological manipulations on which the procedure in theory depends], the polygrapher would probably go ahead with the polygraph interrogation anyhow and arbitrarily accuse the subject of having employed countermeasures. Maureen Lenihan is a case in point. She worked as a research assistant with the federal Commission on Protecting and Reducing Government Secrecy, also known as the "Moynihan Commission." She later applied for employment with the CIA. She explained to her CIA polygrapher that she had researched polygraphy while working with the Commission. The polygrapher proceeded with the interrogation anyhow, and later accused her of having employed countermeasures.


I've been trying to get an answer from the polygraph community on how they will handle those who use our suggested "complete honesty" approach. To date, I haven't received an intellectually satisfying answer. Take a look, for example, at the e-mail exchange I had in December 2000 with American Polygraph Association president Milton O. (Skip) Webb, Jr.:
 
http://antipolygraph.org/read.shtml#informed-subjects 
 
Skip Webb ultimately refused to say how polygraphers should handle informed subjects.

See also my unanswered October 2000 e-mail to then Secretary of Energy Bill Richardson:
 
http://antipolygraph.org/articles/article-005.shtml 
 
At the moment, I can only think of one person in the polygraph community who has responded to the question of how to handle informed sources. In the message thread Countermeasure considerations for the innocent, Dr. Gordon H. Barland, formerly with the DoDPI Research Division, after much prodding, finally answered my question, "What would you say to the earnest employee or applicant for employment who wants a straightforward answer to this simple question: what will the polygrapher do if I admit to him/ her that I understand 'the lie behind the lie detector' (i.e., the trickery on which polygraph 'testing' depends)?" Here is his response:

Quote:
This approach is so new the field has not developed any uniform response, not in the federal community and certainly not in the police and private arenas.  The only research bearing on this has been done by Honts and his colleagues.  They have published a couple of studies which found, among other things, that subjects who are aware of the purpose of control/comparison questions are at greater risk of a false positive error.  This is another down side to making polygraph information available to the public.  In their understandable desire to help innocent people avoid false positive errors, the authors may be inadvertently increasing the risk for some people.

As for how I would deal with the situation, I would have no qualms about conducting an examination.  My personal outlook is “when in doubt, give it a try and see what happens.”  I would go into the situation with my eyes open, aware of the pitfalls, and make sure that the person receiving my report was also aware of the need for caution in relying upon the results.  When I was an examiner in private practice, I tested several polygraph examiners on real world matters.  The only thing I did differently from testing a naïve subject was to use a relevant/irrelevant (RI) test format, which is less susceptible to point countermeasures.  The RI test is far more sophisticated in design and interpretation than most critics give it credit for.  To be used successfully, I believe it requires formal training followed by an internship under experienced practitioners, so this option is not realistic for many examiners.


In response to this, I asked Dr. Barland:

Quote:
...if you would use the relevant/irrelevant format with sophisticated subjects (i.e., those who understand the polygraph procedure), then on what scientific basis do you expect to be able to distinguish truth from deception using this (thoroughly discredited) technique? For the informed, truthful subject who heeds your advice and does not employ countermeasures but instead admits to his/her knowledge of the trickery on which "control" question "test" polygraphy depends, the promise of being treated to a relevant/irrelevant "test" instead is hardly reassuring.


For reasons he surely knows best, Dr. Barland never responded to the above question.

I think that the federal polygraph community's unwillingness to state how it will handle subjects who are completely honest about their knowledge of the fraud that is "control" question "test" polygraphy is further justification for subjects to protect themselves, if necessary, by denying any knowledge and/or use of polygraph countermeasures.
« Last Edit: Jul 13th, 2002 at 12:13pm by George W. Maschke »  

George W. Maschke
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Re: DOD Polygraphs
Reply #24 - Jul 13th, 2002 at 8:01pm
Mark & QuoteQuote Print Post  
Hello, Skeptic, and thank you for your kind comments.

Here's my reply to your last post:

Quote:
I believe there is a basic contradiction in the above two points.  You've readily acknowledged the "false positive" problem, but you don't seem to take it into consideration when it comes to what a polygraph screening applicant must face.  Clearly, actual fabrication is not the only way one may be disqualified on the grounds of falsification or omission.  A bad flip of the coin on the polygraph may do so, too.  Your advice to those people would seem to be, "just tell the truth and take your chances that they'll call you a liar, anyway".

I acknowledge false positives occur and I believe this is why polygraphs should be discontinued, but I also believe that many people with slight mistakes in their background may be tempted to lie about them in the process of an investigation. The current misuse of polygraphs has created an environment where, I concede, one must worry about false positives and, in turn, consider deception.  I, for one, have truly considered the pros and cons of all options one can take and I finally decided that, yes, one should be as honest as possible and hope the polygraph does not trip him up. This might be naive, but at least one may live the rest of his or her life knowing he did the right thing.  Falsification is a slippery slope to follow, I refer all those considering it to the following link which discusses clearance determination made by DOHA which reviews industrial clearance appeals. Unfortunately, I could not find such a link for law enforcement personnel, but I think this will give you a good idea of the adjudication process.  If you notice, besides serious financial and drug issues, falsification is the major reason clearances are denied.

http://www.defenselink.mil/dodgc/doha/industrial/2000.html

QUOTE:
And what would you tell the person who is familiar with the polygraph's deceptions and potential countermeasures?  Do you really believe such a person has a reasonable chance of a successful adjudication without lying about that knowledge, to say nothing of using it?

In the near future I'm going to be taking another polygraph and to tell you the truth, I am scared.  I admit that I have considered all my options, i.e. not mentioning my previous poly, using countermeasures, etc. and I have decided that due to the fact that any issue in my background is minor, I am going to opt for the totally honest approach.  I will tell my examiner about everything, including that fact that I have read this site, and I will follow his instructions.  If I fail, I will be able to leave the room knowing that I did my best, HONEST, effort. If things don't go as I hope, I know I'm smart enough and that I have enough family support to find another calling in life. I'll let you know how things go... I might even use my real name because I won't have anything to hide. Wish me luck.

P.S. in terms of Malum Prohibitum crimes, yes, I know I'm correct on my last point.  There are very few crimes that are not considered Malum Prohibitum, examples of these are murder, rape, etc.
  
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Re: DOD Polygraphs
Reply #25 - Jul 13th, 2002 at 9:13pm
Mark & QuoteQuote Print Post  
Anonymous,

You wrote in part:

Quote:
I acknowledge false positives occur and I believe this is why polygraphs should be discontinued, but I also believe that many people with slight mistakes in their background may be tempted to lie about them in the process of an investigation. The current misuse of polygraphs has created an environment where, I concede, one must worry about false positives and, in turn, consider deception.  I, for one, have truly considered the pros and cons of all options one can take and I finally decided that, yes, one should be as honest as possible and hope the polygraph does not trip him up. This might be naive, but at least one may live the rest of his or her life knowing he did the right thing.  Falsification is a slippery slope to follow, I refer all those considering it to the following link which discusses clearance determination made by DOHA which reviews industrial clearance appeals. Unfortunately, I could not find such a link for law enforcement personnel, but I think this will give you a good idea of the adjudication process.  If you notice, besides serious financial and drug issues, falsification is the major reason clearances are denied.


As you consider the ethical choices you face going into a pre-employment polygraph interrogation, two salient points to bear in mind are:

1) The polygraph "test" is fundamentally dependent on your polygrapher lying to and otherwise deceiving you.

2) If you face a probable-lie "control" question "test," it is fully expected that you will be deceptive with regard to the "control" questions.

You also wrote to Skeptic:

Quote:
P.S. in terms of Malum Prohibitum crimes, yes, I know I'm correct on my last point.  There are very few crimes that are not considered Malum Prohibitum, examples of these are murder, rape, etc.


Could you elaborate on this (and perhaps provide references)? Skeptic specifically asked you whether your assessment was "a legal fact or a lay opinion," and your above remarks are not really responsive to that question.
  

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
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