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the faulty polygraph
Jan 2nd, 2003 at 3:53am
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HI all, I have been a victim of the polygraph for almost nine months. I was involved in a criminal matter, and one of the conditions of probation was to submit to a polygraph, which I failed. The examiner was totally short with me, and it was obvious that he did not like me from the start. I thought that the problem may have been due to the fact that some things were not clear, and tried to explain things to him, but he would just keep saying "that doesn't make sense" and completely ignored anything I had to say. I had to re-take the polygraph, but due to the time restraints, I went to a second polygrapher, I explained EVERYTHING to her, and had no reason to think I would fail again, but I failed the second time as well...........found out later that the first polygrapher is the second polygrapher's intern.......they are the only two polygraphers authorized by the probation dept. By the way, they charge $150.00 per test. My main problem is that the probation dept. is continuing to deny me contact with my family solely based on the failed polygraph. If I had passed, they would allow me back home. I haven't seen my kids in almost 9 MONTHS, the county court system requires 3 MONTHS. I have tried to call several lawyers, but none seem to know anything about polygraph law, or simply don't want to get involved. I guess my main point here (besides ranting a bit) is the fact it does not matter if you tell the truth or lie, if you are accused of deception by a polygraph, you are considered a liar, and there is nothing that will change it. By the addmission of one of my counselors, 90% of the people she knows of pass the polygraph, 60% of which she claims have admitted to her they lied and still passed. So the response I get is "People lie and pass, so since you failed, you must be lying" and "Just admit IT and you will be allowed home", which to me sounds like blackmail or something. If anyone reading this knows ANY action that I can take to fight this bullshit PLEASE let me know. I know that I made a mistake, the court has already dealt with my punishment, so I see no solid reason for this to allowed to continue. I had an appt. with my PO the 16th of Dec 2002, and was told that I would be allowed home by the weekend, which was a LIE. Any help anyone can provide is greatly appreciated.  Thanks.
  
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Re: the faulty polygraph
Reply #1 - Jan 2nd, 2003 at 4:00am
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Oh yeah, to further prove how unreliable the polygraph is, I was accused of consuming alcohol on the first test when I do not drink at all, and for having contact with my wife, which I have not done either, those were the questions that I "had trouble with". The second test questions were about being in the same residence with my victim, which I have not done, and for assaulting her, which I have not seen her, so how can I be assualting her? But I passed the alcohol question the second time......nice, huh?
  
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Re: the faulty polygraph
Reply #2 - Jan 3rd, 2003 at 8:03pm
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Believe me, I understand your anger.  The mystique surrounding the magic polygraph makes people believe in it, even when they know nothing about it.  My husband is on probation, and was falsely accused of a crime by some wackadoo.  Hi PO made him take a polygraph (cost us $500), and he failed.  The polygrapher was an old buddy of the PO, and had not been at it long.  He lied in his report, saying that there were 3 relevant questions, and that my husband was DI to all 3.  Luckily, my husband had written some things down after the exam, and remembered 4 relevant questions.  He was NDI on the 4th relevant question, which contradicted his answers to the other 3.  We had to ask several times (through our lawyer), and finally received a list of the questions asked.  There were indeed 4 relevant questions.  The examiner was obviously inexperienced, and set up a flawed exam.  We paid $1,000 to a private polygrapher (a renowned academic in the field), and the results of that test were inconclusive until the final round of questions.  In this final series, when asked the control question that he had been instructed to lie to, "Have you ever made a mistake," my husband thought about his ex-wife when he said "no."   In the end, the prosecuting attorney did not bring up the polygraph at all (we had pointed out the polygrapher's deception on the # of Q's), the false accuser was impeached several times on the stand, and my husband was exonerated.   

My advice to you:  1) Try to (politely) educate your PO on the flaws of the polygraph.  The few truly scientific studies in a non-laboratory setting that have been done have indicated a high tendency towards false positives (lying indicated whne people are truthful).  Point him to this website, or Dr. Lykken's research (professor emeritus at University of Minnesota).  There are some very simple "truths" if you will, about the fallibility of the magic machine.  The sensors measure physiological stress in response to questions - not necessarily your answers to those questions.  These same signs of physiological stress (increased pulse rate, sweating, etc) may be caused by lying (sometimes, in some people), but can also be caused by a lot of other emotions - eg fear or worry over unjustified consequences.   
2) If your PO (like my husband's) is an undereducated civil servant cynical drone with tunnel vision, and there is no possible way he can be educated as to the flaws of the polygraph, then have your lawyer contact a university in your state and see if  there are any academic professionals doing research in psychophysiology who would be willing to administer a private polygraph.  This will be expensive, but surely the results of a scientist dedicated in his career would be taken more seriously than some inexperienced $150/hr jerko that probably never got through high school biology.   

Sadly, in our system, PO's are given terrible power over the lives of people who have made mistakes.  These people are overworked and underpaid, so it tends to attract the personality type who gets off on this kind of power.  Some may fool themselves into thinking they are "protecting the community," and in rare cases perhaps they do.  My advice to you is to be as courteous and respectful as you can be to your PO.  Pay any fines you were given, and do all your community service.  Focus on avoiding so much as the appearance that you are violating the terms of your probation.  Avoid all questionable situations and people.  And most importanly, focus on your employment, and getting ahead and building something through good old fashioned hard work.  Can you work overtime in your profession or trade?  Can you go to school in your off hours to learn a new or expand an existing trade?  This will earn you the respect of your PO (not to mention yourself) and will mean that when you finally are able to rejoin your family, you have used the time away from family pleasures and responsibilities for something positive - to build something for their future.
  
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Re: the faulty polygraph
Reply #3 - Jan 7th, 2003 at 1:26am
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Thanks for the advice! I am doing everything right, trying not to get into more trouble. It is extremely difficult to be away from my family. I don't know if I mentioned it or not, but I was allowed a 4 hour visit for Thanksgiving. It is even worse now than before. I have a daughter that just turned 1 on Dec 18th. Before Thanksgiving, the last time I saw her she was just starting to pull herself up to walk, on Thanksgiving when I saw her, she was fully walking and HAD TEETH! 

Well my PO is just a bitch that loves her power, and will not let it go easily. I actually got a probation violation before I had met with her,( I ran into my wife at a store, and tried to walk away at first, but since she was so upset, I stayed and talked with her, but it took a while to convince me, and some one called the police because she was yelling, by the time the police showed up, we were just talking) so she is extremely biased against me for that reason alone. I understand that she sees the worst of society, and she has told me how "violent" her "guys" are, but I really don't think they shoul dbe allowed to take the law into their own hands. She is afraid that I will be abusive again. If that is going to happen, how would passing a polygraph change it? Clearing her conscience? It should not be about her conscience, it should be more about what is "legal". I have a hard time believing that this is entirely on the level, and would love to be able to take this to court, but don't know how. I know that she does not want to be responsible for anything that I do, but at some point she is going to have to let me home. If I had passed the polygraph, I would be home. she is pissed that she thinks I am lying, and won't admit it, and since she can't prove it, she is doing the only thing she can. I am thinking law suit. 

I am trying to keep them out of my mind, because thinking about them ( my family) gets me depressed. I can't work any OT at work, due to budget cuts. I have been volunteering at different things to occupy my off work time. There are a lot of things to volunteer for through work.

Good luck, and take care! Thanks again for your advice.
  
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Re: the faulty polygraph
Reply #4 - Jan 7th, 2003 at 1:34am
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My PO wrongly believes in the polygraph, I tried to tell her how in accurate it is, but she wouldn't listen. I had 3 relevant questions, and had no reason to lie on the control questions, so I think that is why I failed. One of the control questions was if I have lied to my counselor or my PO, I don't recall all of the questions, but I am trying to get a copy of the test. They sure don't want them getting out, almost as if they are hiding something.
  
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Re: the faulty polygraph
Reply #5 - Jan 17th, 2003 at 11:08pm
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Your situation is very sad and frustrating.  I have been working with an organization that is a clean and sober house for people with substance abuse problems.  Many of these individuals are there via a court order, only because our local jail is full.  They are not allowed to see their families.  They are treated by probation as if they were axe murderers that have been given some unwarranted and amazing gift not to be in prison.   

One thing I've realized - no matter how minor the crime, it always comes back to personal responsibility - being lawful, smart and careful in your actions, and owning them even when you aren't.    Once you are in "the system" you are merely a fly in a spider web.  If you struggle, law enforcement will simply come and place more binds around you.  If you stay very quiet, then perhaps the spider will forget about you, and the web will decay and disintegrate in time.  Living with personal integrity is the only true freedom.

Sueing law enforcement, or your PO will get you nowhere except broke from lawyer fees, and perhaps in even more trouble as they focus on your every move.  Then your family might not even want you back.  The quickest path home to your family is through positive, independant action to improve yourself.  As difficult as it is, try to focus on being home by next Thanksgiving.  Don't argue with your PO - it will get you nowhere.  If being "right" is that important to you, don't go down that path unless you are willing to REALISTICALLY evaluate and face the personal and financial costs that are involved with trying to prove that.

For us, what started all our legal troubles was my husband's marijuana problem.  He was smoking so much, that he started trying to grow a little in the basement.  I loaned him a lot of money to help get his business back on its feet - it had been devastated by a former trusted employee.  The ex-wife and the employee went to the police with a wild story that the money came from drug dealing proceeds.  (The ex-wife had found a new boyfriend w/lots of $$$, and was after custody of the boys, age 10 & 15)  When the police raided our home, I had documented evidence of where all supposedly "mysterious" funds came from (mainly my paychecks, and home equity loans).  They found everything there was to find, which was next to nothing but had to persecute so as to avoid the egg on their face.  What ensued was a year from hell. Thirty days in jail, $3k in fines, nearly $12k in overall legal expenses plus the stress of possible PO violation due to failed polygraph etc.  None of this would have happened had my husband not had a drug problem, and had he not been so arrogant as to think he would not get caught.  We were tempted to fight the search warrant - we had grounds - and fight through to a jury trial, but bottom line - he broke the law.    If my husband wanted to take the path of fighting the search warrant out of a desire to prove it was wrong and unfair, I could not have stayed with him.   

It is exactly a year since his arrest, and life is great.  We have worked hard on our business, and it is thriving.  We have treated the kids with honesty and integrity, and they understood and accepted why Christmas and birthdays last year were somewhat lean.  Their mother has gained 60 pounds, doesn't have a friend in town, and the boys want to be with us most of the time because she is so weird and miserable.  She and her boyfriend have to constantly buy them new toys and gadgets to keep them over there.  The former employee's business (a competitor to ours) is floundering - rumor has it she has been trading sexual favors to get sales, and her marriage is on the brink because of it.  (sometimes, ya gotta love a small town...)  The PO made the prosecutor look like a fool, which I'm sure was not appreciated.  I am secure in the knowledge that this guy's word will no longer be taken at face value quite so readily. Best of all, my husband has kicked his nasty pot-smoking habit.  If you want to look at money issues, the money we spent on lawyers would have easily been blown on his drugs over the next couple of years.                  

If you and your family can make it through this nonsense, think how strong your relationship must be?  Good luck to you - it will get better.  Forget about your PO and the polygraph - focus on being the best you that you can be.  When you're finally able to rejoin your family, they will be proud of you.
  
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the faulty polygraph

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