Normal Topic A question about legal action.... (Read 4119 times)
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A question about legal action....
Apr 28th, 2003 at 11:33am
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Hi,
I am a published author and a convicted sex-offender (indecent exposure).  I admit to my guilt to that crime, and I have served three years probation, which is over this coming August.  I have used the "sting" method to pass every single polygraph, after finding that no matter how much I told the truth the polygrapher flunked me.
My question is this: Should I take legal action after probation against my therapist, the polygrapher, or against the county that sentenced me?
I have talked this over with my lawyer some, and we feel that using the "sting" method, we could prove in a court of law that the polygraph is bogus, and therefore the therapy treatment was bogus.
Has anyone ever attempted this before?
Would it cause me more trouble than benefit?
Could I face jail time by admitting to a court that I used the "sting" method to pass all of my polygraphs during probation?
I have both the money and the will to start this lawsuit against the city and my therapist as soon as I get off of probation.....should I go through with it?
  
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Re: A question about legal action....
Reply #1 - Apr 28th, 2003 at 4:58pm
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OkieBoy,

Welcome to the AntiPolygraph.org message board. Please do not cross-post the same message to multiple forums; duplicate copies will be deleted.

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Re: A question about legal action....
Reply #2 - Apr 28th, 2003 at 5:27pm
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OkieBoy,

I'm a little confused about this statement, "I have used the "sting" method to pass every single polygraph, after finding that no matter how much I told the truth the polygrapher flunked me." If you flunked one, you didn't pass them all. How many times did you fail, and were they consecutive failures or fail/pass, fail/pass, etc?
As for legal action, I don't think you have any grounds to sue. You don't indicate that the examiner was unprofessional, nor do you state any adverse action taken against you due to a flawed polygraph interpretation. A fundamental tenet of civil suits is that you must have been "injured" in some way.
I am currently involved in a legal battle with a polygrapher, details of which are found in other posts in this forum. I would suggest that you do as I did and read the American Polygraph Association Bylaws and Code of Ethics. If you see rules that were violated by the polygrapher, file a complaint with them. If you can't find anything, odds are you won't be able to prove any wrongdoing in court. In my case I managed to find 12 individual counts of violating the Code of Ethics, so I feel I have a pretty strong case.
Once you're discharged from your probation, the court has no hold over you. I don't know Oklahoma law, but I doubt there are any criminal penalties for using countermeasures on a polygraph. One thing to be careful of is the sex offender registration requirements. Again, I don't know Oklahoma laws. But an admission that you purposely skewed your polygraphs may be taken as an indication that you are more dangerous than originally thought, thus requiring a higher level of registration. Just something to consider. 
Some posters on this site will possibly lash out at you for using countermeasures on a sex-offender polygraph, labeling you as a pervert who beat the system. Be prepared.
« Last Edit: Apr 28th, 2003 at 5:44pm by orolan »  

"Most of the things worth doing in the world had been declared impossible before they were done." &&U.S. Supreme Court Justice Louis D. Brandeis
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Re: A question about legal action....
Reply #3 - Apr 29th, 2003 at 8:18am
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Orolan,
I flunked the first few past history exams.  They want us to reveal our entire sexual past history from childhood to adulthood.  Well, to make a long story short, I was sexually abused as a child and alot of it I have shut out of my conscious mind.  Naturally I flunked both exams, and then I learned the "Sting" method and passed the next one and all of them since then.   
The strange thing is, that on the third exam, the one I passed, I didn't give any new information, but I used the sting method and made up some story about drinking a single beer (that is violating probation rules).   
You see they also ask us in our polygraphs if we have violated any rules of probation, if we have lied to our therapist, or if we have lied to our support person.   

The reason I want to sue the county and my therapist is the monitary cost of the polygraph.  The Cognitive Behavorial approach to therapy that they make us take, tells us that stress causes us to get into our "Deviant" cycle of behavior.  Then they turn around and give us unnescessary stress from the polygraph and extreme economical stress in trying to come up with the money to pay for one every six months.

-OkieBoy
  
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A question about legal action....

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