Normal Topic Polygraph and Disabled (Read 2030 times)
Paste Member Name in Quick Reply Box Dennis
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Polygraph and Disabled
Oct 29th, 2003 at 8:09pm
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I have been disabled for the last 8 years.  Two and a half years ago I had a morphine pump implanted, and more recently, 3 months ago I had my left leg amputated.  From the original accident, (8 years ago), I had a severe spinal cord injury that left me with partialy paralized.  I have severe nerve damage in my lower spine in which I suffer very sharp, severe neuropathic pains.  I take other medications to counter the electric shock like pains that I get.   The medications I take cause me to sweat alot, and at times leave me with uncontrolable shakes.   

I have been asked to take a polygraph by law enforcement, just to prove I had not been doing what they suspect me of.  I don't feel nervous about the test, but I am nervous about the outcome, even if I tell the truth.  Should I even be asked to take a test like this, even when the law enforcement community knows of my medical conditions?  (They have a copy of my medical records)
  
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Re: Polygraph and Disabled
Reply #1 - Oct 29th, 2003 at 10:30pm
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Dennis

Given your condition, I am appalled that they would even ask you to take a polygraph. If they don't know that electric shock pains, sweating and uncontrolable movement don't affect the machine, then they are stupid. If they know all of this, then they have no other evidence and want to hang you with the poly. I believe one of the polygrapher's instruction is to be perfectly still. It's my opinion, even if your are innocent and tell the truth, you don't have a chance.

There is a polygrapher who posts here on a fairly regular basis, Public Servent, I believe would tell you that the conditions you mentioned will affect the outcome of a poly if said conditions cannot be controlled by medications. He has confirmed some of my suppositions along this line.

It is not my intention to start another debate between these two but, Dr. Drew Richardson is an authority on the polygraph. I am sure both will answer your post in due time. Until they do, my advise is to decline the poly. 

The moderator of this site will answer you also. Just hang on and waite for their responses.

  
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Re: Polygraph and Disabled
Reply #2 - Nov 3rd, 2003 at 12:11am
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Dennis

Your condition c;early puts you under the Americans with Disabilities Act (ADA) Title 11 (2). If the police keep harassing you to take a poly, then they are in violation of this act and are subject to a federal damage lawsuit. States and local governments have NO qualified immunity from damage lawsuits under Title 11 because congress, they discovered a pattern of abuses, unequivocally abrogated States' Eleventh Amendent immunity from individual claims for damages. Harassing and EVEN coercing you to take a poly constitutes cruel and unusual punishment and they can be sued in federal court.

In my studies of federal law, I have come across so many successful ADA lawsuits that I could furnish you enough cases for a complete Memorandum of Law. 
So the next time they ask you to take a poly, then ask them if they have herd about Clark v. State of California, 123 F.3d 1267 (9th Cir. 1997) or Dare v. State of California, 191 F.3d 1167 (9th Cir. 1999). Both of these cases reached the Supreme Court (State of Calif. appealed) by a Writ of Certiorari. Both Certs. were denied. The State lost.

I am supprised that your post hasn't had any more reaction. 

  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Polygraph and Disabled
Reply #3 - Nov 3rd, 2003 at 7:36am
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Dennis,

There are no studies in the scientific literature on the effects of any medical conditions on polygraph "test" outcomes. In any event, polygraphy has no validity to begin with, and it would not be wise to submit to a polygraph interrogation regarding suspected criminal activity. As used by law enforcement, polygraph "tests" are often little more than a ruse for getting a suspect to agree to an interrogation in the absence of legal counsel.
  

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