Very Hot Topic (More than 25 Replies) LE Policy & Suspicion of Countermeasure use (Read 9550 times)
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LE Policy & Suspicion of Countermeasure use
Jul 12th, 2005 at 10:54pm
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It is my understanding that most LE agencies have ethical standards that dicate whenever an examiner suspects an examinee of employing countermeasures to defeat the polygraph, then an offical opinion cannot be rendered.

Even if charts show deception in regards to the relevants, the examiner cannot offer an official opinion. 

The examiner may well have his of own opinion and think the examinee "failed" but agency policy suggests the test must  be scored as  "No Opinion".   

Is this true  ???  If anyone is able to shed some light on this it would be appreciated.  Thanks. 
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #1 - Jul 13th, 2005 at 3:06am
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ted wrote on Jul 12th, 2005 at 10:54pm:
It is my understanding that most LE agencies have ethical standards that dicate whenever an examiner suspects an examinee of employing countermeasures to defeat the polygraph, then an offical opinion cannot be rendered.

Even if charts show deception in regards to the relevants, the examiner cannot offer an official opinion. 

The examiner may well have his of own opinion and think the examinee "failed" but agency policy suggests the test must  be scored as  "No Opinion".   

Is this true  ???  If anyone is able to shed some light on this it would be appreciated.  Thanks. 



Sorry Ted,

Most departments today will flag your file as PNC "Purposeful non-cooperation," and that will be the end of your your application if you are an applicant.  If it is a criminal test, different departments have differing rules.  There are some who will write the exam up as "deceptive" because one of the definations of countermeasures is, "Deliberate actions taken by a deceptive examinee in an effort to appear non-deceptive."

However, as I said, it does differ from department to department.

Nonombre
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #2 - Jul 13th, 2005 at 4:18am
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DarkCobra,

There is a difference between being accused of counter-measure use and being caught employing countermeasures.  Whether a polygraph examinee chooses to employ countermeasures or not is a personal decision, but every examinee that contemplates doing so should do it with the knowledge that we've seen no evidence that the polygraph community can reliably do anything but recklessly accuse.
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #3 - Jul 13th, 2005 at 4:18am
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darkcobra2005 wrote on Jul 13th, 2005 at 3:21am:
Counter-measures are a sure way to get disqualifed for life in most agencies.  The only way out of that one is to tell the truth about use of counter-measures and this site tells you not to admit to anything.  It is a no win situation if you are caught using counter-measures.  

If countermeasures are a sure way to get disqualified for life, and you are in a no-win situation if you are caught using them, why on earth would anyone want to heed your advice about the only way out being to tell the truth about use of counter-measures?

If an examinee chooses to try countermeasures instead of rolling the dice on the polygraph, what possible incentive could he have to admit to any accusations of countermeasure use?

I suspect that, despite all the claims to the contrary, polygraph examiners remain completely unable to detect any countermeasures more subtle than a tack sticking out of a bloody shoe.  Why else would this type of advice be offered?  It seems rather paradoxical to write that countermeasure use will get you disqualified for life, therefore you’d better tell the truth if you are accused of using countermeasures.
  

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Re: LE Policy & Suspicion of Countermeasure us
Reply #4 - Jul 13th, 2005 at 5:06am
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nonombre wrote on Jul 13th, 2005 at 3:06am:
Most departments today will flag your file as PNC "Purposeful non-cooperation," and that will be the end of your your application if you are an applicant.  If it is a criminal test, different departments have differing rules.  There are some who will write the exam up as "deceptive" because one of the definations of countermeasures is, "Deliberate actions taken by a deceptive examinee in an effort to appear non-deceptive."

However, as I said, it does differ from department to department.

Nonombre


PNC?  That's a new one.  Without a confession, isn't it a bit to say somebody is "purposefully" non cooperative?  And if they confess... then isn't that "cooperating"?  I don't get it.

Is there a list of all the terms polygraphers use?  DI, NDI, INC, PNC? etc?
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #5 - Jul 13th, 2005 at 5:34am
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Jeffery wrote on Jul 13th, 2005 at 5:06am:


PNC?  That's a new one.  Without a confession, isn't it a bit to say somebody is "purposefully" non cooperative?


Hey Jeff,

Nice to hear from you.  I'm sorry, but it is a little difficult to answer your question without desending back into the old , "We can and do  identify countermeasures,"  "No you can't,"  "Yes we can,"  "No, you can't,", "Yes, we can,..."  etc.   

Hopefully, without starting any fights here (hard to do).  I and the other examiners in my section have disqualified many applicants for PNC without any "confessions" of countermeasures.  We didn't need a confession, the countermeasures were just that obvious.

Okay, let the games begin.

Nonombre
   


  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #6 - Jul 13th, 2005 at 5:43am
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Nonombre:

If examiners can detect countermeasures then why do  examiners accuse examinees of using them who have never even heard of them?
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #7 - Jul 13th, 2005 at 5:51am
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I can see how'd you think the guy was not cooperating; but to be so bold as to claim it purposeful, is well... as you pointed out, leading into the old "no you can't/yes we can/my dad can beat up your dad/mine's bigger" discussion.

All I know from personal experience is that my polygrapher was either lieing, thought he was a god (and wasn't) or was just an asshole.  Not saying that all you guys are.  Just the ones I've met.  I don't think I was officially  "PNC" but he did say I wasn't cooperating.  "You're breathing too fast!  You're breathing too slow!  You're controlling your breathing!  Stop thinking about your breathing!  You're not cooperating!"

my mental response: "asshole, now that you said don't think about my breathing -- guess what!!!  It's now all I can think about!  Tell me how you want me to breathe!"

Must be nice to end careers simply on unsubstantiated suspicions and mere allegations.  I hope the good you've accomplished in your life outweighs the damage you (your profession) have casued.
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #8 - Jul 13th, 2005 at 4:13pm
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nonombre wrote on Jul 13th, 2005 at 3:06am:
"Deliberate actions taken by a deceptive examinee in an effort to appear non-deceptive."

Nonombre,
If the countermeasures or suspected countermeasures are preventing you from getting the proper responses from the subject, what basis do you have do assume that the person is deceptive?  It seems from your post that the sole basis for assuming deception is the use of countermeasures.

If a subject is producing odd responses which you suspect of being consciously augmented, and therefore you figure they must be using countermeasures, why would you assume that person is being deceptive?  

From your past posts you certainly don’t seem like one of those mindlessly hostile polygraphers, but rather a reasoned and articulate one.  Given that, I presume you’ve not only cruised the message boards on this site but also downloaded TLBTLD and read it.  Either way you must be familiar with the ideology of many of the anti-polygraphy people in that they feel the only way to pass, even when being 100% truthful, is to use countermeasures.

Accusations of purposeful deception directed at anyone suspected of using countermeasures, when you know that is not necessarily the case, seem like an unethically expedient thing to do for a profession that is “Dedicated to Truth.”
« Last Edit: Jul 13th, 2005 at 5:01pm by Sergeant1107 »  

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Re: LE Policy & Suspicion of Countermeasure us
Reply #9 - Jul 13th, 2005 at 10:08pm
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What still baffles me is this...

What happens during the pre-test, if the examinee chooses to lie to one of the control questions in the first instance.  Rather than providing an initial "Yes" response and then being steered into an eventual denial ("No").   

What I mean is, what if the examinee  answers "No" in the first instance simply because he/she has an unrelated issue (unrelated to the relevants) in their past that he/she doesn't want to discuss with the exmainer

Obviously, the examinee's response to that particular control question will be augmented.  Would the elevated response to the control question cause the examinee to pass assuming he/she was truthful to the standard 3 relevant questions?  Would the control response be interpretted as as countermeasure?
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #10 - Jul 13th, 2005 at 10:30pm
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ted wrote on Jul 13th, 2005 at 10:08pm:
What still baffles me is this...

What happens during the pre-test, if the examinee chooses to lie to one of the control questions in the first instance.  Rather than providing an initial "Yes" response and then being steered into an eventual denial ("No").  

What I mean is, what if the examinee  answers "No" in the first instance simply because he/she has an unrelated issue (unrelated to the relevants) in their past that he/she doesn't want to discuss with the exmainer

Obviously, the examinee's response to that particular control question will be augmented.  Would the elevated response to the control question cause the examinee to pass assuming he/she was truthful to the standard 3 relevant questions?  Would the control response be interpretted as as countermeasure?

Ted,
If I understand your question correctly, the answer is that nothing would really happen.  The examiner assumes that the subject is lying on the control questions.  If the subject actually does lie on the control questions the examiner will proceed normally.  I don’t think it would matter if the subject lies when first asked a control question, or if he lies after being grilled on one of them for a few minutes.

It’s actually an interesting question: Since the examiner assumes and in fact requires that the subject lie on the control questions, how do they handle someone who lies on the control questions right from the start?  Assuming, of course, that the examiner can detect the lie in the first place.
  

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Re: LE Policy & Suspicion of Countermeasure us
Reply #11 - Jul 13th, 2005 at 11:33pm
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Sergeant1107:

Do you think that an examinee would automatically fail the test, becasue he/she has freely lied to a control question without actually being steered into the lie by the examiner?  Is that considered a countermeasure ?   

In my case, I was unaware of countermeasures when I underwent a crminal polygraph test several months ago.  I answered "No" to one of the control questions without being prompted or steered by the examiner.   

There were three controls and three relevants from what I remember.  I was unaware of the difference between control and relevants at the time.  The reason I answered "No" in the first instance to one of the control questions, was becasue the examiner had steered me into a denial with the other controls discussed before hand.  I figured I would save him the effort of "Other that what we discusssed...", blah, blah, blah.

In regards to the 3 relevants, I was truthful and answered "No".

At the conclusion of my test, the examiner  indicated that there was a "problem" with the test.  He  indicated one of three things had occurred.   

A) He suggested I was guilty, 
B) He suggested I had knowledge of the crime, or 
C) He suggested I had something on my mind that I felt  guilty about. 

I denied his accusations and abruptly ended the meeting.  I am curious as to your thoughts on the outcome of my test.  How would the test likely be scored?  Would the elevated response to my control question cause a pass ?  Or would it be perceived as a countermeasure and scored as a fail?
  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #12 - Jul 13th, 2005 at 11:46pm
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Ted,
My suspicion is that if the examiner feels the subject is not cooperating in any way they will “fail” the subject.  In my opinion that would include giving what the examiner feels is a deceptive answer to one of the initial control questions.  The examiner also might assume, if the subject is savvy enough to identify the control questions, that means they have researched the polygraph and are intending to use countermeasures.  To their way of thinking that probably justifies the “failure” on the exam.

It seems to me that polygraphers have set forth a pattern of behavior they assume to be proper for a polygraph exam, and if you deviate from that pattern you are accused of either deception or countermeasures.   

As far as how your test is likely to be scored, I haven’t the faintest idea.  Sorry.  If you told the truth you may have passed, or you may have failed.  Ironically the same is true if you were purposefully deceptive.  It all depends on how the examiner chooses to interpret the tea leaves.
  

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Re: LE Policy & Suspicion of Countermeasure us
Reply #13 - Jul 14th, 2005 at 1:15am
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Sergeant1107 wrote on Jul 13th, 2005 at 4:13pm:

Nonombre,
From your past posts you certainly don’t seem like one of those mindlessly hostile polygraphers, but rather a reasoned and articulate one.  Given that, I presume you’ve not only cruised the message boards on this site but also downloaded TLBTLD and read it.  Either way you must be familiar with the ideology of many of the anti-polygraphy people in that they feel the only way to pass, even when being 100% truthful, is to use countermeasures.

Accusations of purposeful deception directed at anyone suspected of using countermeasures, when you know that is not necessarily the case, seem like an unethically expedient thing to do for a profession that is “Dedicated to Truth.”


Sergeant,
 
Allow me to reiterate that when I brought up how some departments and agencies define countermeasures, I was simply reporting a commonly used (and very traditional) definition.  I was making no statements about my own personal beliefs.  Still that definition is very much out there and it is based on that definition that certain examiners and their agencies will immediately brand the examinees attempting countermeasures as "Deceptive."
 
An interesting point to consider is before web sites like this was out thee, I would guess that the VAST majority of examinees attempting countermeasures were in fact guilty people trying to "beat" the test.  In fact, I still believe that most of the examinees attempting CM's, are indeed doing so because they fear being caught in a lie.
 
However, I also realize that because of this site and others that actively encourage truthful people to engage in countermeasures, the dynamic has indeed changed a bit.  Therein lies the point I am about to make.
 
Based on what I have seen thus far, I fear there are a significant number of people who following the advice of this website, have gone into a polygraph exam and practiced countermeasures unnecessarily.
 
Perhaps in some cases, their activities have "helped" them in some way (although I tend to doubt it).  But who I am truly concerned about are the truthful people, who based on what they have been told on this site, have practiced countermeasures, have gotten caught, and whether they ultimately owned up to them or not, have found themselves immediately disqualified from a job they otherwise would have gotten (or worse).
 
Now I know you or someone else will immediately counter with "What about all those people who went into the polygraph, told the truth, and were called "deceptive."
 
As I have said many times, I know there is a false positive rate (I too have read the research).  That is why I strongly push a "point system." that treats ALL the subjective portions of the police applicant process equally.  Under a point system, an applicant can completely blow virtually any portion of the process (including the polygraph) and still get the job.
 
Food for thought
 
Nonombre

  
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Re: LE Policy & Suspicion of Countermeasure us
Reply #14 - Jul 14th, 2005 at 2:55pm
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nonombre wrote on Jul 14th, 2005 at 1:15am:
But who I am truly concerned about are the truthful people, who based on what they have been told on this site, have practiced countermeasures, have gotten caught, and whether they ultimately owned up to them or not, have found themselves immediately disqualified from a job they otherwise would have gotten (or worse).
 
Now I know you or someone else will immediately counter with "What about all those people who went into the polygraph, told the truth, and were called "deceptive."

Nonombre,
It does seem a bit disingenuous of you to express concern about someone who uses countermeasures (even though they are not intending to be deceptive) and as a result get disqualified from a job they could have otherwise obtained.

You hit the nail on the head when you predicted my response.  I am far more concerned with the people who were not deceptive, did not attempt countermeasures, and still “failed” their polygraph, and you should be, too.  Their cases tend to support the conclusion that the polygraph is too wildly inconsistent to be used in any kind of pre-employment screening.

Forget about the whole issue of countermeasures for a moment.  It’s an interesting tangent to wander down but it diverts our attention from the heart of the matter.  It is not only possible, but likely that a truthful person with no disqualifying incidents in his past will go through a polygraph exam without being deceptive and still fail.  It has happened to me on more than one occasion, and it has happened to many other people who post on this message board.  In my opinion such incidents point to a basic problem with the polygraph.

You have been forthright (which I appreciate) in your acknowledgement of false-positives being a problem, yet your solution is less than practical.  It almost sounds like your plan concedes that polygraph testing is flawed therefore it should only be assigned a place on a point scale.  I believe that if we know the test is flawed then it shouldn’t be used at all.  At least it shouldn’t be used for pre-employment screening (I have read it is more accurate on specific issue testing, but I have no experience in such matters.)

Please don’t use the tired old “there are bad examiners out there” excuse to explain away the false-positives.  Even though I can believe there are bad examiners in your profession I find it hard to believe that every single incident of a truthful person being labeled “deceptive” was due to an unskilled or unethical examiner.
  

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