posted 12-03-2008 01:27 PM
Ben:VALID!
quote:
On or about January 6, 2008, do you remember engaging in sexual contact with _____?On or about January 6, 2008, do you remember engaging in sexual contact with _____ in any way?
At any time from December 1, 2007 to January 6, 2008, do you remember engaging in sexual contact with
That's how I would do it.
But why not this for the last question?
At any time during January 2008, do you remember engaging in sexual contact with _?
Is December 2007 part of the allegation. If not, some might call that an "inserted case fact" that is not part of the allegation. Testing and clearing someone on a behavior that is not part if the allegation is of little value - unless its a PCSOT case that would fit the proposed model policy definintion of the IOI case, in which testing for additional un-disclosed activities, within the instant offense, is the testing objective.
I believe your questions are consistent with the model policy, which states that asking about motivation or intent is acceptable after an admission of the behavioral facts. They don't specifically address memory, but it would appear that the same principles should apply.
This is an example of something that got fixed after APA 2008. At that time, the presentation materials stated repeatedly that asking about "culpable mental status" was acceptable. This, of course, opens up all kinds of silly invitations to engage in in-defensible testing of mens rhea concerns. The present solution, as reflected in Holden's materials from the UPA and MRP conferences (to allow test questions about sexual motivation following an admission of the behavioral facts), seems good.
It's a compromise from the hard-line stance of asking behaviorally descriptive questions that are free of references to mental status, motivation or intent. However, it would be unfortunate to lose the ability to thoroughly excavate these case for what they most often are - lies.
I have seen perhaps one or two people who seem truly not to recall their offense. In both cases, there were obvious and overt causes for the lack of memory - chronic alcohoism accompanied with repetitive indecency behaviors during long periods of indigency/homelessness. They also told the story of the offense factually from a firs-person voice, while a lot of people who don't pass these questions seem to start with some version of "I don't know what happened..."
Victims sometimes do not recall an offense, and I have seen more than one victim claim no memory while mixing simple cold-medications (i.e., Benadryl) with alcohol.
An Ambien case has got to be very interesting.
.02
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Polygraph Place Bulletin Board
posted 12-03-2008 12:37 PM
