Hot Topic (More than 15 Replies) Calif. Hiway Patrol admits poly is unreliable? (Read 9341 times)
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Calif. Hiway Patrol admits poly is unreliable?
Jan 9th, 2008 at 4:03pm
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Over at Polygraphplace.com , a pro-polygraph site run by polygraphers, someone using the identifyer "fed employee" posted the following in a thread:

"This is the reply I received from the CHP: "...in the package you submitted to the CHP, you attached the results of a polygraph examination in which your daughter was a principle. The results of the examination could not be considered as evidence because examinations have not been shown to be generally accepted as reliable in the scientific community." The letter was signed by a CHP Captain in Southern California. To this day I still have a copy of his letter. "

Assuming that the above is true, it sure speaks volumes regarding the duplicity of LE agencies and their use of the polygraph for screening purposes.

The entire thread is here:

http://www.polygraphplace.com/ubb/NonCGI/Forum1/HTML/000638.html
  

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #1 - Jan 9th, 2008 at 4:26pm
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not been shown to be generally accepted as reliable in the scientific community

However is used daily by CHP in selection of candidates for positions on the CHP.  I would suggest the CHP does in fact use polygraph and the statement of this Captain does not reflect the attitude of the CHP accurately.  Just a guess.
  
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #2 - Jan 9th, 2008 at 4:41pm
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What I find amusing (not the only thing but one of the biggies) is that the Federal, State and Local Goverment's argue that polygraph tests are not acceptable as accurate whenever a criminal defendant has "passed" one and wants to use it in court to prove they didn't commit a crime, but on the other hand, argue it is valid for pre-employment screening, knowing that they will brand many honest applicants liars, branding them for life.
  

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #3 - Jan 10th, 2008 at 2:12am
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Amusing but also reality.  Polygraph will be here for a long time unless a new manner of determining credibility is found.
  
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #4 - Jan 10th, 2008 at 2:39pm
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The polygraph does not determine credibility.  It spits out lines according to heart rate, breathing and sweat.  From these lines the polygrapher, after taking a short 10 week course, can supposedly tell if a question bothers a subject.  That is it, nothing more nothing less.  It is subjective to say the least.  At the very best it's accurate 8 out of 10 times but some will say more some say less. Counter Measures can be used, I know I've used them and passed, thus the machine is worthless once you lose the fear.
  

Counter-measures were easy.
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #5 - Jan 10th, 2008 at 4:17pm
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Hunter wrote on Jan 10th, 2008 at 2:12am:
Amusing but also reality.  Polygraph will be here for a long time unless a new manner of determining credibility is found.  


I dont find it to be amusing at all. A frightening reality is more like it.
Frightening that a morally sound person can be subjected to an unscientific 'test of truth', only to be declared a liar !! 

Frightening and scandalous that the govt still permits the use of inaccurate and ancient technology + armchair detectives to determine 
which of us are liars.

I intend to create a scenario, then have myself tested to prove just how unreliable the entire process really is.
  
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #6 - Jan 10th, 2008 at 6:08pm
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Quote:
I dont find it to be amusing at all. 

I intend to create a scenario, then have myself tested to prove just how unreliable the entire process really is.


I don't think nopolycop nor Hunter meant "amusing" in the literal sense. There is nothing funny about testing procedures that have error rates, even marginal ones. Read Jonathon Kozol's i.e. "Death at an Early Age"---on how inner city kids (read minorities) get the shaft by normative testing (IQ, Aptitude, Psych Eval) that was modeled by rural kids. Not exactly funny when people are left out in the rain for being peculiar or not peculiar enough as it were when undergoing important testing. Dozens of examiners in various fields are working tirelessly to close the error rate gaps.

Regarding staging a phony test. I suggest you think long and hard about how to present yourself in a polygraph test with a surreptitious gameplan---not unlike someone planning on using countermeasures----you should expect a skewed test with high levels of anomolous chart arousals and "data noise."  Peer reviewed research shows that  a deceptive game plan that may not involve lying to Relevant Questions per se can provoke "hyper arousal" to the test, and be deemed as deceptive. Might be interesting though---why not give it a whirl?
« Last Edit: Jan 10th, 2008 at 7:07pm by EJohnson »  

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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #7 - Jan 10th, 2008 at 6:36pm
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[quote author=0F002522243925244A0 link=1199894591/0#6 date=1199988522][Regarding staging a phony test. I suggest you think long and hard about how to present yourself in a polygraph test with a surreptitious gameplan---quote]

I would submit, that any of the "psychology student" tests where a mock crime is used as the basis of the test would fall nicely under the catagory of a "phoney test".  Afterall, the studetns didn't actually commit a crime, but instead, given permission to do whatever they are being tested about.
  

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #8 - Jan 10th, 2008 at 7:05pm
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Quote:
I would submit, that any of the "psychology student" tests where a mock crime is used as the basis of the test would fall nicely under the catagory of a "phoney test".  Afterall, the studetns didn't actually commit a crime, but instead, given permission to do whatever they are being tested about.


You have submitted many things that fall short of rational thought.
Quoting someone out of context is cute;

nopoly stated; Quote:
argue it is valid for pre-employment screening


Well nopolycop, if you insist.
  

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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #9 - Jan 11th, 2008 at 12:10am
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EJohnson wrote on Jan 10th, 2008 at 7:05pm:
Quote:
I would submit, that any of the "psychology student" tests where a mock crime is used as the basis of the test would fall nicely under the catagory of a "phoney test".  Afterall, the studetns didn't actually commit a crime, but instead, given permission to do whatever they are being tested about.


You have submitted many things that fall short of rational thought.
Quoting someone out of context is cute;

nopoly stated; Quote:
argue it is valid for pre-employment screening


Well nopolycop, if you insist.


EJ:

My apologies, it wasn't my purpose to misdirect the conversation by quoting out of context, simply to winnow down the previously posted material for ease of referral.  The point is, (which I am sure MOST people reading this were able to pick up on without feeling misled), was that any test short of an actual high stakes polygraph test, (which most are), is a phony test.  If someone wants to set up a polygrapher under false pretenses and use that as proof of the falicy of polygraphy, it is not substantially different than a college professor telling a group of kids to go out and commit a controlled mock crime and then attempt to establish a link between these phony studies and real life.  That's all.

Actually, now that I have had time to thnk about it, that's not all.  Why don't you leave the personal attacks, insinuations and innuendo at the door?  It might be a fun game for you, but frankly, I don't have the time for it.  If you want to engage me on a professional level and discuss the issues, I am up for it.  Otherwise, feel free to ignore anything I may write, as others do.
  

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #10 - Jan 11th, 2008 at 4:16am
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Quote:
EJ:

My apologies, it wasn't my purpose to misdirect the conversation by quoting out of context


fegetaboutit.

Quote:
The point is, (which I am sure MOST people reading this were able to pick up on without feeling misled), was that any test short of an actual high stakes polygraph test, (which most are), is a phony test.


Huh? That makes no sense. So a test with a greater error rate than a "high stakes polygraph test" is a phoney test....but "most tests are"....? I dunno....uh.....what?

Quote:
If someone wants to set up a polygrapher under false pretenses and use that as proof of the falicy of polygraphy, it is not substantially different than a college professor telling a group of kids to go out and commit a controlled mock crime and then attempt to establish a link between these phony studies and real life.  That's all.

The poster wasn't suggesting committing a mock crime, she was suggesting attempting to defraud an examiner for the purpose of doing damage to his/her career, and the field as a whole. That's a mighty big endeavor for a person, as compared to a mock theft of a $20 bill. This sounds like a sort of bizarre mentation Nopoly, not a deductive theory. 

Quote:
Actually, now that I have had time to thnk about it, that's not all.  Why don't you leave the personal attacks, insinuations and innuendo at the door?  It might be a fun game for you, but frankly, I don't have the time for it.  If you want to engage me on a professional level and discuss the issues, I am up for it.  Otherwise, feel free to ignore anything I may write, as others do.


I can take the barbs. I can dish them out too, and have done so with bullies who try to help criminals (other bullies) to disrupt investigations with the "weight loss pills" of forensic manipulation. Ironic that you would taunt others (again, I can take it) and call polygraph examiners "fools,  frauds, phonies" and the like. But then you become hyper-sensative to me being a little flippent of your (reread your above thread) "posted material." 

Quote:
If you want to engage me on a professional level and discuss the issues, I am up for it.  Otherwise, feel free to ignore anything I may write, as others do.


Engage you on a "professional level"? What profession are we speaking of here? You are a cop, right? Are you a detective? Have you ever investigated any serious crimes, or have you mostly reported and recorded crimes. Ya ever interrogate a serial killer, or a serial rapist? Have you ever spent any time with a person who say, killed a child or killed several children? I think no, but who knows. So I don't believe we can discuss the nuances of testing, not because I am on a better or worse "professional level" with you, but that based on your insistance that polygraph must be as perfectly intuitive as it is bold, you are incapable of being not merely on the same "level", but on the same channel. You watch your programs, and I will watch mine---seperate channels so to speak. 

Many Cops save lives, and they deserve some level of respect.

Many Polygraph Examiners save lives, and they deserve some respect too.

Both make errors, and when they do, lives can be ruined or lost if great care is not taken.


Agreed?



  

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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #11 - Jan 11th, 2008 at 5:30am
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EJ:

Why do you feel compelled to make assumptions about people, such as questioning my experience as a police officer?  I have put murderers in jail, solved spectacularly violent crimes, likely saved a few lives and scraped a lot of dead ones up off the pavement, along with scooping the remains of decomps up and into the body bag.  And no, I haven't dealt a lot with crimes against children, and frankly believe SO's cannot be rehabilitated or treated, and should simply spend the rest of their post conviction life behind bars.  Absent that perfect solution to the problem, I have no issues with a convicted SO having to under poly testing, I just wish there was a way to administer an electric shock to thier testicles when they lied.

I also do not believe that the little studies done with college kids are true indicators of the veracity of polygraph, as the physiological responses to a college kid being asked if he "stole" the envelope from the teachers desk, (after being given permission to do so) are likely to be different than the murderer being asked if he killed his wife.  If you or the other polygraphers can't see the difference, then there is no hope.

You also seem to forget that it was you who used the term "phony test", and you did so with no information as to  how this was to be structured.   

Regarding my previous mention of fools, frauds, etc. those comments were aimed at the industry as a whole, not you individually.  If you take exception, I cannot help that.  No different that you saying all cops are donut munching lazy asz skirt chasers, or similar commentary.  I would not care about that opinion of yours, and unless you are a fool or fraud, my comments should not bother you either.

Regarding conversing on a professional level, it doesn't matter if one is a psychologist, doctor, attorney, cop or even a polygrapher.  The manner of conversing on a professional level means leaving hyperbole at the door, and discussing the issues of the subject matter in question in a reasoned, honest and articulate matter, debating the subject matter, but leaving out ad hominem attacks.

Regarding polygraphers saving lives, I haven't seen a lot of discussion regarding that aspect of the profession here, but I have read a lot of instances where the poly ruined careers, and put innocent people in jail.  Also, let's not forget Gary Ridgway and the spy scandals.

Having said that, I still have no issues with a poly being given to a crime suspect, as long as it is done in a professional manner, and the opinion rendered by the polygrapher is not given too much weight.  I think they can be a good criminal investigation tool, but I see way to much reliance given to the outcomes for my comfort.  As an example, I am working a homicide case right now, where the prime suspect supposidly "passed" a poly, but as I have learned here over the past 82 days, the poly he was given was entirely suspect.  Unfortunately, there was overreliance on that test, and they guy is walking free, despite a considerable amount of evidence to the contrary.

I also don't believe the poly should be used in LE screening at all, despite the fact that I have taken and passed several in my career.  When I entered LE 30 years ago, the poly was being used sparingly, but the state of art has not advanced much since then.  False positives still haunt the pre-employment polygraph exam.   I am of the mindset that a good background investigation is sufficient, and the reliance on the poly has replaced good background checks.

Additionally, the notion that because we catch a few liars means we get to call other people liars who are not, is poor public policy.  I suspect, EJ, you have never been accused of lying when you have told the truth on the poly, like you read about every day here.  If you had, or if any of the other poly examiners have, I believe you and they would have a different attitude on the subject.

As someone who entered police work in my early 20's, all I ever wanted to be was a cop, and for people who are in the same position as I was then, to have their career hopes dashed by a false positive, and have that accusation follow them around so they never will get into police work, is unconscionable.  Sure, a few bad apples may slip into the service, but modern police work will weed them out quickly, or they will change and become good, honest cops.  There is an axiom in the law that it is better than 10 guilty people go free, than one innocent person is found guility. 

Lastly, when cop makes a mistake, it is typically done in good faith, and I would submit that the error rate for police decisions is much lower than the 10-20 percent error rate of polygraph tests.  It is when the errors are done not in good faith, but with malice, where cops get into trouble, (and rightfully so).

Polygraphers, on the other hand, accept a 10-20 percent error rate like it is simply a cost of doing business.  In my opinion, when that error rate allows serial killers to walk free, spies to undermine our national security, and wrongfully accused truthful job applicants of being drug users, thieves, or whatever the squiggly line said they did, well, that is not acceptable.

  

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #12 - Jan 11th, 2008 at 1:17pm
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Nopolycop

Why don't we have a discussion on the Law Enforcement Hiring Process.

I'll start the thread  and just call it Police Hiring process and lay out some of the methods that agencies use to determine candidate suitability and we'll compare them to the ones your agency uses and then we'll compare them to polygraph screening.
« Last Edit: Jan 11th, 2008 at 2:29pm by SanchoPanza »  

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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #13 - Jan 11th, 2008 at 3:32pm
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EJohnson wrote on Jan 10th, 2008 at 6:08pm:
Quote:
I dont find it to be amusing at all. 

I intend to create a scenario, then have myself tested to prove just how unreliable the entire process really is.


I don't think nopolycop nor Hunter meant "amusing" in the literal sense. There is nothing funny about testing procedures that have error rates, even marginal ones. Read Jonathon Kozol's i.e. "Death at an Early Age"---on how inner city kids (read minorities) get the shaft by normative testing (IQ, Aptitude, Psych Eval) that was modeled by rural kids. Not exactly funny when people are left out in the rain for being peculiar or not peculiar enough as it were when undergoing important testing. Dozens of examiners in various fields are working tirelessly to close the error rate gaps.

Regarding staging a phony test. I suggest you think long and hard about how to present yourself in a polygraph test with a surreptitious gameplan---not unlike someone planning on using countermeasures----you should expect a skewed test with high levels of anomolous chart arousals and "data noise."  Peer reviewed research shows that  a deceptive game plan that may not involve lying to Relevant Questions per se can provoke "hyper arousal" to the test, and be deemed as deceptive. Might be interesting though---why not give it a whirl?


Thank you for your valuable comment.
I am particularly interested in your assertion that Not Lying to the Relevant questions can provoke (produce ? ) 'hyper arousal'.
If that anomaly can and does occur, then the case for polygraph just suffered a knockout blow. I'm more determined now than ever to set up a contrived scenario and possibly get 4 different examiners to test me independently. 

If you think Mr Mashke is on a mission, wait and see. I am on a crusade.

BTW - I am impressed with your new-age domestic arrangement.




  
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Re: Calif. Hiway Patrol admits poly is unreliable?
Reply #14 - Jan 11th, 2008 at 4:21pm
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SanchoPanza wrote on Jan 11th, 2008 at 1:17pm:
Nopolycop

Why don't we have a discussion on the Law Enforcement Hiring Process.


It was my understanding that you thought I was an idiot and refused to futher engage me in meaningful discussion?  Nevertheless, I am game, with the condition that you and others will answer direct questions, and if they are posed as yes or no questions, to answer yes or no, (which you will be free to explain, as is the practice in the Federal Rules of Civil Procedure).

Lastly, while I agree that personal anecdotes have limited evidentiary value, there is still a place for them, if nothing more than helping to clarify a personally held belief.  For example, I once took a polygraph where the polygrapher said that I had lied on one question regarding past criminal behavior, but yet the polygraph examiner also said I had told the truth when asked if I told the truth on the examination!  This personal experience of mine certainly helped me form the belief that polygraphy was a sham, and nothing I have read or personally experienced in subsequent pre-employment polygraphs that I have taken has changed my opinion.

I will participate in your discussion, as it frankly, is my hot button, and I would like to see others directly related to the polygraph community paticipate, but only if they will also answer direct questions posed to them, especially by those who have failed polygraphs but were being truthful.
  

"Although the degree of reliability of polygraph evidence may depend upon a variety of identifiable factors, there is simply no way to know in a particular case whether a polygraph examiner's Conclusion is accurate, because certain doubts and uncertainties plague even the best polygraph exams."  (Justice Clarence Thomas writing in United States v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413, 1998.)
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