The Polygraph and the Fleecing of Sex Offenders

In 1994, I pled guilty to a sex offense. Two years ago, the political
winds   within   the   Commonwealth   of   Virginia   shifted   toward
'rehabilitation'  and  instituted  mandatory  programs  for  all   sex
offenders within specific counties. Hence, in October of 1999,  I  was
involved in the first  wave  of  sex  offenders  programs  in  Fairfax
County, Fairfax, Virginia  given  by:  The  Center  for  Clinical  and
Forensic Services, 10650 Main Street, Suite 103, Fairfax, VA 22030.

Part of the requirement of  these  sex  offender  groups  is  to  take
polygraphs on  a  continual  basis,  the  first  being  a  history  to
determine a complete background on one's habits. This is followed by a
series of regular scheduled maintenance polygraphs to  determine  that
the individual has maintained compliance to all rules and  regulations
during the past period (give or take four to six months).

My first test, a history, was determined to be a failure  and  that  I
was being deceptive. Knowing that I had  told  the  truth  (as  I  had
nothing else left to hide) I started the process of understanding what
the polygraph was all about. Having a solid background in science  and
psychology and affording  a  healthy  dose  of skepticism, I left no stone unturned.

I began to find out that the first order of  deception  was  the  test
itself (read: the silly card tricks to insult  your  intelligence  and
hopefully convince you of the empirically sound  science  involved  in
the device). I began to understand that having certain  disorders  can
ultimately give physiological responses that appear  as  deception  or
that people can be asked questions in such  manners  as  to  give  off
physiological changes that may be inferred as  deception  even  though
there is no guilt whatsoever.

I have severe/clinical depression and panic attack disorders.  I  have
written and emailed both probation officer and therapist  about  these
disorders and their effects on such  testing.  To  date,  I  have  not
received a response back from the therapist who is responsible for the
implementation of the use of the polygraph on sex offenders.  I  have,
however, talked with my probation officer and his response was that  I
should see my doctor about taking medication(s) that would  neutralize
my disorders so that I can take a polygraph successfully.

What he was telling me was that he acknowledged the fact that  certain
disorders affect the results and that I should try to get  my
physician to administer/prescribe something to alleviate my  disorders
physiological side effects! I was quite stunned to hear this. It  was as if he was also saying that  there
was nothing that he could do to remove me from such testing:  I  would
have to do my best regardless.

The following 'make-up' test (another $300.00 to the newly found cash-
cow of polygraphy) was passed without  a  hitch:  no  changes  in  the
questions. Interesting.

As time has progressed, I have taken regular 'maintenance' polygraphs,
one in particular at the beginning of the year in which I was given  a
result  of  'Inconclusive,'  meaning  a  finding   of   deception   or
truthfullness could not be ascertained. I was made  aware  during  the
test that I was controlling my  breathing,  and  I  explained  to  the
person giving the test that I realized I was.

Again, I communicated with both probation officer and  therapist  that
my disorders would get in the way of  such  testing.  (To  reduce  the
onslaught of a panic attack, I control my  breathing  and  attempt  to
remain calm: there is just no other process to avoid such attacks.)

Once again, my concerns were ignored. Attempting to bring up the issue
of such disorders or the validity in general of the  polygraph  during
our group meetings is forbidden. Obviously, any knowledge of the  test
that runs contrary to the government's belief (read:  what  they  want
people to believe)is not tolerated.

My last 'maintenance' polygraph occurred on July  24th,  2001.  I  was
quoted $150.00 for the test from my probation officer. When I  arrived
that morning for the test, I was told the price was now  $200.00.  Not
feeling like there was an option to debate the price and that refusing
would result in a violation of my probation, I wrote a check  for  the
upgraded amount. The test was passed (as if that meant something).


During my next meeting, I mentioned the inconsistency in  the  pricing
of the polygraph and wanted to again talk about the deception  of  the
test itself but was immediately shut down. (I am getting a  reputation
as a 'squeaky wheel' rather than a person seeking truth.)

The meeting was followed the next day by my probation officer  calling
me at home to discuss the increase in the price. He  acknowledged  the
quoted price of $150.00 and  was  surprised  that  I  had  to  pay  an
additional $50.00. He asked me why I did not challenge the  amount  at
the time. (I  think  anyone  on  probation/parole  would  not  feel  a
position of leverage given such an atmosphere). I  was  told  that  it
would be looked into and  possibly  a  credit  returned.  As  of  this
posting, I have not heard anything nor has the check written on
the 24th of last month been deposited.

Of the 10 people in my group, I am the  only  one  that  has  taken  a
proactive position about the polygraph. I believe the others  feel  it
is safer to remain passive  and  simply  take  the  test,  suffer  the
results, and continue shelling out unrealistic  amounts  of  money  to
pseudo-science mongerers. Part of the requirement for  competing  this
program is to have two maintenance  tests  passed  which  I  think  is
absolutely ridiculous. The tests are so subjective and  honesty  about
the results compromised by the financial incentives involved,  I  feel
that a person receiving two passed maintenance polygraphs is  strongly
controlled. (read: it is more important to have a firm  grasp  on  the
sex offender's wallet)

I am looking for legal advice on this issue  but  also  hope  to
bring a few others out of the 'taboo  closet'  that  our  culture  has
created around  sexuality.  Sex  offenders  are  looked  upon  as  the
'bottom-feeders' of society, even  worse  than  a  person  that  takes
another's life. While sex offenses are diverse and varying  in  detail
and purpose, it takes listening to understand each individual's story.
Unfortunately, because of the  witchhunt/crusade  we  have  chosen  to
undertake against  sex  offenders  in  general  today,  listening  and
understanding about something so fundamental to our nature and  reason
for being here today is lost.

I very seriously question the purpose of any sex offender program that
marries itself to a device such as the polygraph.  It  is  truly  myth
married to myth and  when  this  happens,  credibility  regarding  the
fundamental  direction  (read:  rehabilitation)  diminishes.  This  is
unfortunate  for  those  (like  myself)  who   are   seeking   serious
introspection into our human nature and divorcing ourselves from  many
degenerative belief systems.

So what might be the true purpose behind programs that are for  people
that offend others sexually? There are answers and  we  only  have  to
open the door slightly to begin to understand.

There is another message that is being  conveyed  to  anyone  that  is
subjected to the induction of the polygraph into any program:

"You are stupid and we (the polygraph machine) will take advantage  of
and exploit your ignorance to our advantage."

To make matters worse, they sell their wares via  the  countenance  of
local  and  state  governments.  Granted,  if  a  polygraph  test  can
intimidate, harass and exploit your  ignorance  to  the  point  of  a
confession, then fundamentally, pseudo-science aside, (and banking  on
your ignorance), it is a tool that is  cost  efficient.  This  is  the
reason that it is endorsed today but no reason to call it scientific.

Go beyond having  your  intelligence  insulted  and  become  proactive
against the polygraph. To others in my group or similar groups, I  ask
that you assert what you believe to be the  difference  between  right
and wrong, after all, that is the root of what rehabilitation  is  all
about: knowing the difference between the two and subscribing  to  the
acceptable cultural standards. To remain passive when  you  know  that
there are questionable practices surrounding you, is  not  progressive
and will only worsen your ability  to  approach  and  confront  life's
stage of actors and clowns tomorrow.

I ask now for others to take a positive first step  and  weigh  in  on
this  growing  exploitation  of  the  populace's  ignorance  of   such
contrived 'science'.


Your comments are welcome,

An Anonymous Subject

Your response is greatly appreciated. I have known for some time that polygraph results are inadmissable but I have never been quoted the actual codes. Thanks.

In conversations with others in the same realm as I, I have weighed the consequence of failing the polygraph by simple history thus far. If anyone (allegedly) fails two in a row, they are violated (or at least that is how the threat goes). 

Rumor of a person being violated due to the results of a failed polygraph or two would certainly spread like wildfire among the troops as well as the medias. Hence, the threat is no more than (once again) banking on the clients intimidation factor as well as their ignorance. Veiled insults to anyones intellect nonetheless.

Yes, therapy goes a long way when the group officiating the therapeutic guidelines starts off with an honest approach themselves rather than strapping a person monetarily.

Thus far, I am serious and it appears that the officiating group is caught in smoke and mirrors.

Again.... my thanks,

An Anonymous Subject

Quote:


Mr. Scalabrini,

Do you have any primary sources, or can you point me towards any Internet sources for this interesting bit of information? Thank you,

BT

Execio,

Please take this in the spirit it is given, one of empathy and sincerity: You are beginning to stray from the original thrust of your post. Do not try to convince others of the moral/ethical ambiguity of your crimes. Whether they were malum in se or merely malum prohibitum is irrelavent. The law *was* broken. What we're discussing here is the validity and justice of using polygraphs as a diagnostic/interrogation tool specifically with sex offenders.

beech trees wrote on Aug 14^th, 2001 at 3:03pm:


BT,

Although your question was not specifically addressed to me, I  thought I might answer. The best source I know of for this information is the 2nd edition of David T. Lykken's book, A Tremor in the Blood: Uses and Abuses of the Lie Detector (New York: Plenum Trade, 1998). See especially Chapter 3, "A Brief History of Lie Detection."

execio,

I would like to address your posting entitled "The Polygraph and the Fleecing of Sex Offenders."  Sir, it is my understanding that sex offender monitoring is conducted on individuals who are either on parole or probation as the result of having been found guilty in a court of law of a sex offense.  These offenses are typically perpetrated upon a child, the most innocent in our society.  In any case, the perpetrator has signed a document accepting the conditions of his parole or probation, whatever that might be.  Now in your case, I assume that this particular condition requiring you to take a polygraph exam, was somehow "inflicted" upon you after you were placed on parole/probation.  If that is true, then I have some empathy for your position, since nobody appreciates having the rules changed after the game has begun.  Nevertheless, since parole/probation is in fact, a GIFT that allows a convicted felon to walk the streets free, in lue of serving the remainder of his prison sentence, then any guilty man in this position, is actually faced with a rather simple decision.  Either sit down, shut up, and take the test, or notify your probation officer that you are so livid at the prospect of having to undergo such and unfair and intrusive procedure, that you would rather go back to prison then continue to suffer at the hands of evil polygraph examiners, who's sole purpose in life is to harass pillars of society, such as yourself.

Totomo.
 

Progress Comes in Little Steps????

Progress is not always straight forward. Matter of  fact:  progress  for
the many can come at the expense of the one. Since taking  the  time  to
understand the illusion behind the polygraph and deciding that it has to
be my position to challenge its manner of  use  against  sex  offenders,
there has been some change.

It appears that people (read: sex offenders) are being charged  whatever
the  polygrapher  'thinks'  is  obtainable.  The  standard  rate  for  a
'maintenance' polygraph test (allegedly) is $150.00.  Many  people  were
not informed of this standard price scheme and as a  result,  many  have
paid as much as $300.00. This is a perfect example  of  the  'cash  cow'
mentality that pervades the polygraph industry when it comes to its  new
monentary resource: sex offenders.

However, as a result of my (what some  would  call:  'militant'  stance)
active position on not only the validity but the  corrupt  practices  of
polygraphy, there are people that are receiving refunds now.  Within  my
own group, there are at least three people that have come forth and made
claims.

What really bothers me though, is these same  people  would  never  have
taken a stand. One has already told me that  he  has  me  to  thank  for
getting his money back. Personally, I don't want the thanks. What I want
is for people to take a stand against things that are wrong. Instead,  I
have found myself surrounded by passivity and it  stinks.  I  have  been
made to appear to be the trouble-maker,  the  bad  apple  of  the  bunch
simply because I speak out.

Those that remain passive and decide that it is not worth  their  effort
to challenge beliefs that are wrong  are  reflecting  what  is  commonly
believed to be a default position when dealing with a  person  that  has
offended another sexually.

Those that remain passive give the authorities 'carte blanche' to  extol
any punishment upon the sex  offender.  Regardless  of  the  virtues  of
polygraphy, we as a society will not question any tool used as  leverage
against the sex offender.

Now, I am being held back as a result of my stance on the polygraph  and
quite frankly, I don't think there is anything that I can do  about  it.
If I continue to challenge the use of the polygraph, I can probably rest
assured that I will remain in the program.

Ain't life grand.

*Special Note:

It appears that there is confusion among the ranks within those sanctioning the use of polygraphs on sex offenders as to the meaning of INCONCLUSIVE.

I have had a test result of INCONCLUSIVE as noted earlier in this posting.

The SOP coordinator (The Center for Clinical and Forensic Services), when asked by me what the definition of INCONCLUSIVE  was, defined it appropriately as "a determination could not be made in either direction". (read: 'Pass' or 'Fail')

However, my probation officer deemed the result of INCONCLUSIVE as a 'Fail'.

Which definition does the SOP coordinator apply?:
INCONCLUSIVE = 'Fail'

This is a serious problem as a 'Fail' will keep me from graduating the program and forestall any alteration to my conditions on probation. It is all too convenient of a slippery slope that a INCONCLUSIVE falls back to a 'Fail'.

Ethically, I would think that the sole purpose of the polygrah test is to find guilt. If ANY other result (read: INCONCLUSIVE or PASS), then the subject tested  could not be proven deceptive therefore the subject should be deemed a PASS.

Your thoughts on this sidebar are helpful and appreciated,

execio