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Post-test interrogation (Read 25448 times)

Jeffery Very Senior User Offline Posts: 174 Joined: Oct 27^th, 2004	Re: Post-test interrogation Reply #15 - May 24^th, 2005 at 6:07am	Mark & Quote Quote Print Post
	ThePeaceMaker12 wrote on May 24^th, 2005 at 5:29am: Ok so my attorney gave me bad legal advice and I can now sue my attorney right? and what about this web site? Is this web site wrong? Could this web site be opening itself to a lawsuit for allegedly claiming that a polygraph is inadmissable in court. I swear up and down that several attorneys in my state have stated time and time again that the polygraph is not admissable in court because it is inaccurate. Dude, don't sweat it. Your attorneys probably told you correct advice. Ask them to clarify if you want; they would be more knowledgable about your circumstances (i.e. the particular laws in your state, whether or not you stipulated before hand etc etc). The responses you've had on this board have all been theoritical to your absolute statement that "Polygraph is (as in never) not admissible in court" and there are limited circumstances where it is. I don't think that means your lawyers gave you bad info; and it definately doesn't mean you can sue this site for bad info (I can't beliece I even wasted keystrokes addressing this)... If you want to argue this with your lawyers, I'm sure they'd learn something from it... and charge you for the time. As a general rule, Polygraphs would not be admissible if they are favorable to the defense (because as part of the stipulation, I doubt charges would have been filed in the first place). If there was no agreement, then the prosecution will play the "Polygraphs shouldn't be admissable because they are inaccurate" card.


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ThePeaceMaker12 User Offline Posts: 25 Joined: May 23^rd, 2005	Re: Post-test interrogation Reply #16 - May 24^th, 2005 at 6:15am	Mark & Quote Quote Print Post
	Jeffery wrote on May 24^th, 2005 at 6:07am: Dude, don't sweat it. Your attorneys probably told you correct advice. Ask them to clarify if you want; they would be more knowledgable about your circumstances (i.e. the particular laws in your state, whether or not you stipulated before hand etc etc). The responses you've had on this board have all been theoritical to your absolute statement that "Polygraph is (as in never) not admissible in court" and there are limited circumstances where it is. I don't think that means your lawyers gave you bad info; and it definately doesn't mean you can sue this site for bad info (I can't beliece I even wasted keystrokes addressing this)... If you want to argue this with your lawyers, I'm sure they'd learn something from it... and charge you for the time. As a general rule, Polygraphs would not be admissible if they are favorable to the defense (because as part of the stipulation, I doubt charges would have been filed in the first place). If there was no agreement, then the prosecution will play the "Polygraphs shouldn't be admissable because they are inaccurate" card. Heh, I have legal insurance. I can call my lawyers at anytime and not be charged an hourly rate. I pay a monthly rate for my legal insurance. I think everybody should have some sort of legal insurance plan.


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Jeffery Very Senior User Offline Posts: 174 Joined: Oct 27^th, 2004	Re: Post-test interrogation Reply #17 - May 24^th, 2005 at 6:16am	Mark & Quote Quote Print Post
	ThePeaceMaker12 wrote on May 24^th, 2005 at 6:15am: Heh, I have legal insurance. I can call my lawyers at anytime and not be charged an hourly rate. I pay a monthly rate for my legal insurance. I think everybody should have some sort of legal insurance plan. You get what you pay for.


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ThePeaceMaker12 User Offline Posts: 25 Joined: May 23^rd, 2005	Re: Post-test interrogation Reply #18 - May 24^th, 2005 at 6:17am	Mark & Quote Quote Print Post
	Jeffery wrote on May 24^th, 2005 at 6:07am: Dude, don't sweat it. Your attorneys probably told you correct advice. Ask them to clarify if you want; they would be more knowledgable about your circumstances (i.e. the particular laws in your state, whether or not you stipulated before hand etc etc). The responses you've had on this board have all been theoritical to your absolute statement that "Polygraph is (as in never) not admissible in court" and there are limited circumstances where it is. I don't think that means your lawyers gave you bad info; and it definately doesn't mean you can sue this site for bad info (I can't beliece I even wasted keystrokes addressing this)... If you want to argue this with your lawyers, I'm sure they'd learn something from it... and charge you for the time. As a general rule, Polygraphs would not be admissible if they are favorable to the defense (because as part of the stipulation, I doubt charges would have been filed in the first place). If there was no agreement, then the prosecution will play the "Polygraphs shouldn't be admissable because they are inaccurate" card. So here is a question I have Jeff. If it is to the advantage of a prosecutor to have polygraph results in court....do these results all the sudden become admissable and only admissalbe if helps the prosecution's case?


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ThePeaceMaker12 User Offline Posts: 25 Joined: May 23^rd, 2005	Re: Post-test interrogation Reply #19 - May 24^th, 2005 at 6:18am	Mark & Quote Quote Print Post
	Jeffery wrote on May 24^th, 2005 at 6:16am: You get what you pay for. Well, I am also a member of an organization that is able to hire high priced and high powered attorneys and not at my expense without going into too much detail.


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Jeffery Very Senior User Offline Posts: 174 Joined: Oct 27^th, 2004	Re: Post-test interrogation Reply #20 - May 24^th, 2005 at 6:22am	Mark & Quote Quote Print Post
	ThePeaceMaker12 wrote on May 24^th, 2005 at 6:17am: So here is a question I have Jeff. If it is to the advantage of a prosecutor to have polygraph results in court....do these results all the sudden become admissable and only admissalbe if helps the prosecution's case? Probably not; because only a brain dead defense attorney would agree in advance to let his client take one. I'm no lawyer and no expert here, but I'd think that the polygraph would have to be specifically and explictly agreed to in advance for it to be admissible under the hypothetical situation. A polygraph the cops give a suspect without a lawyer wouldn't be admissible (based on what I know; not sure about New Mexico etc).


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ThePeaceMaker12 User Offline Posts: 25 Joined: May 23^rd, 2005	Re: Post-test interrogation Reply #21 - May 24^th, 2005 at 6:28am	Mark & Quote Quote Print Post
	Jeffery wrote on May 24^th, 2005 at 6:22am: Probably not; because only a brain dead defense attorney would agree in advance to let his client take one. I'm no lawyer and no expert here, but I'd think that the polygraph would have to be specifically and explictly agreed to in advance for it to be admissible under the hypothetical situation. A polygraph the cops give a suspect without a lawyer wouldn't be admissible (based on what I know; not sure about New Mexico etc). Heh, well I never took a polygraph during a criminal investigation but that is all I will say. Not that I have anything to hide or anything, it's just that I know polygraph operators read this site and it was a polygraph operator who branded me a "liar" when in fact I was telling the truth so I do not trust them. I have learned that sometimes political pressure will make the police or organization go after somebody innocent in the effort to appease that political pressure. This political pressure is what causes innocent people to be railroaded.


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Brandon Hall Ex Member	Re: Post-test interrogation Reply #22 - May 24^th, 2005 at 9:51am	Mark & Quote Quote Print Post
	ThePeaceMaker12 wrote: Quote: I found this court document off the Department of Justices website which says that polygraphs have been ruled inadmissable in court like my attorneys have said: Please re-read the link you have provided. It is one case. A case in which other cases were cited. It however does not mention a total legal prohibition of entry of polygraph "evidence" in a court of law. Further, the statement includes a portion referring to unsolicited exams adminstered by a private polygraph examiner. I understand your frustration. I have experienced similar frustration after having been determined deceptive, although I was not. Since that time I have studied polygraphy and laws related to it. I have contacted legislators both nationally and in my state. Unfortunately, to date I have never received a response. If I have offended you I apologize. I was simply offering up a correction to a blanket statement you made regarding admissibility. Perhaps you reside in a state that has ruled polygraph cannot be entered into evidence. If this is your case, that's great. However, every state in the union is not the same. If so, there would be no need for statehood only federal control. I have offered up examples for you. If you want to argue the facts, it will fall upon deaf ears. I agree with your opinion that polygraph findings should not be allowed into court whatsoever. However, the opinion does not match what some states' laws state. Sorry


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Debora L Gillis Guest	Re: Post-test interrogation Reply #23 - Jul 8^th, 2021 at 4:02pm	Mark & Quote Quote Print Post
	What about the post polygraph interrogation. They are two different things. Two separate procedures. Isn't it true that the interrogation can be watched by jurors without the polygraph test. Can't the mention of polygraph be redacted before the recording is presented?


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George W. Maschke Global Moderator Offline Make-believe science yields make-believe security. Posts: 6230 Joined: Sep 29^th, 2000	Re: Post-test interrogation Reply #24 - Jul 8^th, 2021 at 7:09pm	Mark & Quote Quote Print Post
	Quote: What about the post polygraph interrogation. They are two different things. Two separate procedures. Isn't it true that the interrogation can be watched by jurors without the polygraph test. Can't the mention of polygraph be redacted before the recording is presented? Post-test interrogations are indeed sometimes played in court with mention of the polygraph redacted.

	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"
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