Need Help,
Quote:1. If both “no opinion” and inconclusive mean that insufficient data was collected, what differentiates the two?
They don't mean that insufficient data was collected. An inconclusive outcome indicates that reactions to relevant and "control" questions looked about the same on the charts.
"No opinion" is a term that polygraph operators use when for some reason they don't want to score the charts. For example, if countermeasures are suspected, the operator may score the charts as "no opinion." Similarly, if the subject coughs or otherwise moves excessively, the operator may score the charts as "no opinion."
Quote:2. If the polygrapher was more certain that I was employing countermeasures, could he have returned a result other than “no opinion”?
Perhaps. But the
federal polygraph handbook (at p. 62) suggests rendering a "no opinion" decision when countermeasures are suspected:
"C18.3.7.3. A no opinion decision may be appropriate when data are contaminated by CM. The continued lack of cooperation by an examinee employing CM may be administratively reported as Purposeful Non-Cooperation (PNC)."
Quote:3. One of my questions provided to the polygrapher from my therapist was in regards to my Internet usage in the week after my first test, but before my smart phone. The question didn’t make sense to the polygrapher, so after calling my therapist to confirm the question, and having it still not make sense, changed the question to one about my sexual interests rather than one related to conditions of my parole. Aren’t maintenance polygraphs related to conditions of parole? Do I have any recourse on this issue?
I wasn't aware that therapists make up the questions for post-conviction polygraph screenings. I supposed that is the parole department's job. The relevant questions should indeed be about whether you've complied with the terms of your parole. I think it would be prudent to consult with a local lawyer with experience in criminal law regarding this.
Quote:4. Should I try to obtain the charts, or should I ask for an explanation about the chart results?
They will be very reluctant to hand over your polygraph charts to you. I think you're unlikely to get them unless the polygraph results are used in a revocation hearing. In any event, you'll have a better chance of success if any request is filed by your lawyer.
Quote:Also, would a Freedom if Information Act or Right to Know Law request have any bearing here on obtaining my polygraph charts?
I can't say. It would likely depend on your state's public records access law. If you're on federal parole, the Privacy Act of 1974 may be applicable.