Author
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Topic: PSE/VSA Licensing
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skipwebb Member
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posted 02-11-2009 04:57 PM
Our state licenses PSE examiners under the same board that it licenses polygraph examiners. They are meeting tomorrow to discuss reducing the required minimum training hours for PSE examiners down to 40 hours. All the "schools" that teach VSA are about 40-50 hrs and they are discussing the redution as a result of being asked to do so by the CVSA folks. We are meeting with the training committee tomorrow afternoon and possibkly the full board on Friday in an effort to prevent the use of VSA in North Carolina. If we simply ask them not to reduce the hours, we are 'buying into" the premise that VSA works but they need the additional training. That's a fallicy as it doens't matter how muich training they get. The damn thing doesn't work beyond chance probability. VSA is used throughout NC by small police departments and sheriff's offices as an alternative to polygraph because it's "cheaper" and faster.I am proposing that out position is that it doesn't work and to license anyone to operate one in the state would be perceived as the state saying that VSA works if you use a licensed examiner. Our board only covers private examiner not law enforcement or government so the LE issue is moot. I think we should make the case that if they allow it to be used, the examiners of VSA will be testing police applicants and doing sex offender testing using this garbage. I want to propose that the board drop both the PSE and Polygraph License law term in favor of a "Detection of Deception Examiner" with the following definitions: "No device or instrument may be used, nor any license issued, for the detection of deception through the recording and analysis of psycho-physiological data or measures unless said device and its underling theory or operation has been shown in peer reviewed published research acceptable to the Board, as capable of detecting deception at levels of validity well above chance probability. Additionally, no person may conduct detection of deception tests using any instrument or device unless the testing procedures and the instrument or device utilized to conduct such testing procedures possess nationally published minimum standards for operator training; instrumentation, sensor and/or operating software; instrument calibration, ethical operation standards and minimum operator continuing education requirements. Published standards shall be by through a body, nationally recognized for publication of industry standards for forensic tests and examinations such as those maintained by the American Society for Testing and Materials (ASTM) or another standards publishing body acceptable to the Board. I think this wording would encompass polygraph, VSA FMRI and anything else that comes along and hold all "feet to the same fire".
I need quick feedback on this. Am I on the right track here? (no time for spell check) IP: Logged |
blalock Member
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posted 02-11-2009 05:26 PM
Skip,I think you have covered it well. What would be helpful is to identify states that prohibit CVSA because of said lack of science. That may make the state stand back and think. ------------------ Ben blalockben@hotmail.com IP: Logged |
blalock Member
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posted 02-11-2009 05:28 PM
http://www.legislature.mi.gov/documents/1999-2000/billintroduced/House/pdf/2000-HIB-5662.pdf
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blalock Member
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posted 02-11-2009 05:32 PM
Some well-worded arguments starting on page 14 of this document, which you have probably seen already, but worth a quick review... http://76.12.216.206/~polygrap/files/virginiavoicestressstudy.pdf
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Polybob Member
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posted 02-11-2009 09:15 PM
Why not work into the wording that any a requirement that any instrument or device used in the detection of deception must monitor and record respiration, cardio activity and galvonic skin response. Wording along those lines would certainly exclude VSA.IP: Logged |
rnelson Member
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posted 02-11-2009 10:35 PM
Looks like a good argument to me.Maybe considre some language about a documented standardized and published decision model, with known and published rates/estimates of sensitivity to deception, specificity to trtuthfulness and INCs (from which error rates/estimates can also be calculated. It's a lot, but it adds up to an accountable science. R
------------------ "Gentlemen, you can't fight in here. This is the war room." --(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)
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rnelson Member
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posted 02-11-2009 11:14 PM
How about acnowleging that there is no single physiological function that is uniquely associated with deception or any other human activity. Diagnosticity, in terms os sensitivity and specificity, cannot therefore be based on a single channel or signal. Deception of detection techonologies will necessarily include multiple physiological signals for which we should expect documented and published descriptions of logistic or discriminate models and there effectiveness. Non-stastical combinations of the component sensors, though they can be studied empirically, represent a more primitive and less developed form of science.Accepting a single index technology will require substantial proof and substantial description of the normative distributions for truthful and deceptive persons. To put it simply, the calculation of probability values and error estimates for truth and deception, using a single physiological index, requires a documented description of the location and shape and dispertion (variance) of normative data. Because it is not possible to test or survey every member of the population, this normally requires numerous samples from which a distribution of sample distribution is constructed. Two things: 1 there is no logistic or discriminate function describing PSE/VSA data disributions because they pretend to have found a single unique physiological indice for deception. 2 there is a sustantial absence of published descriptions of normative data for the single-index PSE/VSA models. .02 Sorry for thumb typos on handheld. R ------------------ "Gentlemen, you can't fight in here. This is the war room." --(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)
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skipwebb Member
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posted 02-12-2009 08:59 AM
Bob: Tying the requirements to respiration, EDA and cardiovascular wiould be restrictive and appear to favor only polygraph the exclusion of other possible avenues of detection of deception both now and in the future. What about brain waves, FMRI, heat patterns, pupil movements and anything else that comes dowen the pike.Ray: Your statement - "a documented standardized and published decision model, with known and published rates/estimates of sensitivity to deception, specificity to trtuthfulness and inconclusive results from which error rates/estimates can also be calculated." is good and could be included. NITV, according to their website is in the process of developing an algorythm which is probably a bunch of hype and would appear to be impossible, considering the single param,eter and the fact it woesn't work at chance probability but they could try to use it to "wow" the board which is comprised of a bunch of lay people with no forensic/scientific background. I'm afraid that what we offer must be no more than a couple of paragraphs to be accepted. Thier current wording in the board requirements are "two sentence" explanations such as: "PSE examinations must be capable of measuring and recording voice reactions on a graph. This graph recording must be in a form suitable for examination by another PSE examiner. The instrument must be given maintenance, cleaning, adjustment periodically as recommended by the manufacturer." IP: Logged |
Barry C Member
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posted 02-12-2009 09:50 AM
What, no language about tea leaf reading? Now you're just being difficult.IP: Logged |
blalock Member
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posted 02-12-2009 09:51 AM
Yes, it should require more than one leaf (tea type) to be read...IP: Logged |
jrwygant Member
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posted 02-14-2009 08:28 PM
Skip, Good luck with your efforts, but I expect they might be fruitless. We had a tight polygraph licensing law in Oregon that required an instrument with the usual polygraph components if the device were going to be used for lie detection. The Sheriff's Ass'n, at the request of one sheriff's detective, asked for the law to be changed. They wanted voice stress to be licensed under the polygraph law and we resisted, with all of the same arguments raised here. The legislature doesn't like to deny cops the stuff they need (if it won't cost anything), so they passed a separate law that said they only need to be "certified" by their own department in order to use voice stress analysis. No training requirement, although only law enforcement can use voice stress in Oregon.We suspected that the effort, which had strong backing from an influential legislator, was funded by NITV, but we had no means of proving that. It has not made a big difference in Oregon, since only two departments are known to use voice stress and only very seldom. Still, NITV wants badly to make new markets, has a board of directors of retired chiefs, and knows how to influence legislators. It's a tough battle, and legislative hearings don't begin to resemble the court rooms that we're more accustomed to. By the time a measure gets to a hearing it's usually already been decided. - Jim W. IP: Logged |
skipwebb Member
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posted 02-16-2009 07:36 AM
Our board does not regulate law enforcement at all so our goal was to prevent private use. I think we will be successful as the board was receptive and voted to suspend any vsa/pse licensing and to create a sub-committee to recommend the changes in the regulation that we proposed. The wording is not restrictive and does not exclude any Detection of Deception device or give any preferred treatment to polygraph. I purposely did not include the old "three parameters, respiration, EDA and cardio" as such language has been accused in the past of being restrictive of trade and slanted towards polygraph. If any technology can present the peer eviewed, published research, acceptable to the board and published national standards through ASTM, then our position is "issue them a license". VSA nor PSE does not and will not rise to that level.IP: Logged |
jrwygant Member
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posted 02-17-2009 12:42 PM
A story in the Roanoke Virginia Times dated 2/16/09 says that Virginia is about to pass a law letting law enforcement use voice stress analysis there. Legislators voiced the usual argument: if the police say they need it they must know what they're talking about. Maybe someday somebody will write a story about the biggest scam ever perpetrated on law enforcement in the USA. The story's at: http://www.roanoke.com/news/roanoke/wb/194834 IP: Logged |
Barry C Member
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posted 02-17-2009 02:03 PM
I think this has been posted before, but here it is if it hasn't: http://www.liarcard.com/ It looks like we all can run CVSA right now - and it's 96% accurate and (yes, there's more) it can differentiate many different emotional states! IP: Logged |
apb739 Member
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posted 02-17-2009 07:52 PM
Why did I spend 10 weeks away from my family and job to go to polygraph school (the police department could have saved $$$ too), when voice stress is the answer? I can’t believe any law enforcement agency or anyone that does a little research can’t see this as a joke. http://www.youtube.com/watch?v=Rr3E_2KTxI0 One of the students in my class was from Korea. He works for the Korean military. They use the polygraph and are also doing research in brain imaging for truth verification. My classmate told me the head of his department had come to the United States and trained with the “Doctor” in the above video. He returned and used the system. Their findings were that it was no better then flipping a coin. This reminds me of the cop that takes short cuts to complete an investigation. They often get by for a time, but it always comes back around. It usually occurs on a big case. The case falls apart and the bad guy walks. Then the administrators and the courts revamp our policies (which usually involves more hoops to jump through) to correct the problem officer’s inadequacies, instead of dealing with the officer from the start. So as the new guy here, I’ll pose the question to the seasoned veterans; what can be done now before the government strokes laws to cover “lie detection”? Just like the cop taking short cuts, VSA is going to cause legal problems. Unfortunately, the government “fixes” problems with a broad brush. [This message has been edited by apb739 (edited 02-17-2009).]
[This message has been edited by apb739 (edited 02-19-2009).] IP: Logged |
wjallen Member
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posted 02-18-2009 07:37 AM
apb739When the CVSA arrives at a new department, within one hour the guys have tested each other, had a good laugh and all know it is only a prop. IP: Logged |
jrwygant Member
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posted 02-18-2009 02:19 PM
Not all CVSA users think it's a prop. Talk to Stephanie Crowe's brother and his pals in California. When they were teenagers they were told they'd flunked voice stress tests. They were interrogated for hours, until they made admissions. All three were charged with murder. Two years later the charges were dropped when DNA analysis matched the sweatshirt of a schizophrenic drifter who had been questioned right after the crime and released. Result was conviction of the schizophrenic, and law suits against several police agencies and NITV, whose insurance carrier paid off in an undisclosed amount.IP: Logged |
Dan S Member
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posted 02-19-2009 05:07 PM
Hello All:The APA has re-established an ad-hoc committee relating to the Alternative Detection of Deception. If states are faces with pending issues regarding voice stress, please let us know so we can try to help out. The APA can only help if we know that someone needs the help. We generally don;t hear about some type of pending issues until it is too late. I am also looking for some volunteers like, Skip Webb, to serve on this committee so if you are interested, please contact me. I would like to thank Skip for the work that he has already done regarding the pending issues in North Carolina and Virginia. Thanks Dan IP: Logged |
skipwebb Member
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posted 02-19-2009 05:22 PM
We took the position in the NC case that we welcomed any detection of deception device or technique that met the following criteria:"No device or instrument may be used, nor any license issued, for the detection of deception through the recording and analysis of psycho-physiological data or measures unless said device and its underling theory of operation has been shown in peer reviewed published research acceptable to the Board, as capable of detecting deception at levels of validity well above chance probability. Additionally, no person may conduct detection of deception tests using any instrument or device unless the testing procedures and the instrument or device utilized to conduct such testing possesses nationally published minimum standards for operator training; instrumentation, sensor and/or operating software; instrument calibration, ethical operation standards and minimum operator continuing education requirements. Published standards shall be by a body, nationally recognized for publication of industry standards for forensic tests and examinations such as those maintained by the American Society for Testing and Materials (ASTM) or another standards publishing body acceptable to the Board." This approach did not look like a trade war or an attempt at restraint of trade. It was not perceived as restrictive to any other device or technique but effectively rules out the PSE/CVSA/VSA folks who can't rise to the definition. We were successful in getting them to stop license issuance and they established a sub-committee on detection of deception to re-write the regulation. We will be working with them in that endeavor. We are guardedly encouraged by our results. I will publish the remarks to the board at http://voicestress.org/NC-remarks.htm It will be available under that url but not listed on the web site. [This message has been edited by skipwebb (edited 02-19-2009).]
[This message has been edited by skipwebb (edited 02-19-2009).] IP: Logged |
jrwygant Member
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posted 03-28-2009 02:42 PM
On Friday, March 27, Gov. Tim Kaine of Virginia vetoed a bill that had been passed by the legislature and would have allowed law enforcement to use voice stress analysis without any regulation. The measure had been brought and supported by what the media described as "rural" law enforcement agencies. Here's the statement Kaine released:HB 1613, SB1374 "Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1613 and Senate Bill 1374, which would allow unlicensed law enforcement officers to operate new, unregulated lie detection devices. "I proposed an amendment to HB 1613 that would have allowed additional devices, but regulate them in a way similar to the existing rules for polygraph machines. Unfortunately, that amendment was defeated by the House. "Untested, unregulated devices should not be used in police investigations. Law enforcement conceded as much when they added an amendment prohibiting the use of these machines in internal investigations."
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