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  Professional Issues - Private Forum for Examiners ONLY
  a revocation case

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Author Topic:   a revocation case
rnelson
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posted 11-14-2008 12:33 PM     Click Here to See the Profile for rnelson   Click Here to Email rnelson     Edit/Delete Message
This subject was revocated from probation and resentenced to prison, for having sexual contact with his wife (which was prohibited).

He failed a polygraph regarding any sexual contact, and subsequently confessed to engaging in sex with his wife.

Any argument that questions pertaining to unlawful acts have different potential consequences than non-unlawful questions will require proof. Defense attorneys know that more offenders are revocated from probation for technical violations than from reoffense behaviors.

This is not the test he was revocated on.

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He's also a person with a pychotic bipolar disorder, who is stable on medications. He has some medication-related involunatry shaking in his hands.

r

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)


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pal_karcsi
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posted 11-14-2008 05:31 PM     Click Here to See the Profile for pal_karcsi   Click Here to Email pal_karcsi     Edit/Delete Message
I understand you can not polygraph someone psychotic or bipolar even though he is lucid.
The US laws allows to do this ?
Excuse my ignorance , but I don´t live in the US.
Pleased clarify.

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Hól vagytok székelyek, e földet biztam rátok.
Elvették töletek,másé lett hazátok.
Vesszen Trianon !


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Barry C
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posted 11-14-2008 06:34 PM     Click Here to See the Profile for Barry C   Click Here to Email Barry C     Edit/Delete Message
If they present as okay, then there's nothing to stop you from testing them.

Who's more fit for polygraph: a bi-polar person under a doctor's care and for whom meds work or a person who's never been diagnosed (but is bi-polar, for example) because he doesn't want to risk being labeled or doesn't like to take pills, etc?

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rnelson
Member
posted 11-14-2008 07:24 PM     Click Here to See the Profile for rnelson   Click Here to Email rnelson     Edit/Delete Message
Probation insists on using the polygraph to monitor these guys.

There is no reason not to polygraph someone who is not actively psychotic. Of course, it might not do much good to try to test someone regarding behavior that occured during a psychotic episode.

The term "lucid" is not a great term.

Psychotic people may have periods of stability (on meds or not on meds) in which you wouldn't know. That doesn't mean they don't have a psychotic disorder.

I report this person as a marginal subject. He is arguably not normal functioning and would have a hard time getting through a work-day without multiple prescriptions. Aside from a little shaking in his hands, you'd probably not notice much that seems odd about him while he's medicated.

r

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)


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