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  Police Examiner's Failure to Video/Audio Sinks Polygraph "Test," Nullifies Confession

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Author Topic:   Police Examiner's Failure to Video/Audio Sinks Polygraph "Test," Nullifies Confession
Dan Mangan
Member
posted 12-04-2012 10:04 AM     Click Here to See the Profile for Dan Mangan     Edit/Delete Message
Same old tune...
http://www.mcall.com/news/breaking/mc-bethlehem-desales-rape-charges-withdrew-20121203,0,3429565.story

A totally preventable screw-up. One would think an "expert" would know better.

The judge was not happy.

Further reading:
http://www.poconorecord.com/apps/pbcs.dll/article?AID=/20120308/NEWS/203080319

Here's a snippet from the second linked article:

"The polygraph will know if you lie," he [the same expert] said.

(yawn) The usual pre-test bluster.

Reminds me...An ignorant test-taker is a good test-taker.

By the way, the audience was a bunch of kids in junior college.

Yeah, I'd say that 10 years from now we'll be right where we were in the NAS (2002) and OTA (1983) eras.

Even the best of exams are fraught with uncertainties. (Not to mention the worst.)

Some things never change.

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skipwebb
Member
posted 12-04-2012 10:17 AM     Click Here to See the Profile for skipwebb   Click Here to Email skipwebb     Edit/Delete Message
I'm afraid I see little here in this article that says anything bad about polygraph for the following reasons:
1. No examination was conducted.
2. No miranda rights were given
3. No hand written or dictated and signed and sworn statement was taken from the defendant.
4. No witness or monitor to confirm the oral statements made by the defendant
5. Apparently the 'examiner" provided inaccurate legal information to the defendant concerning the elements of the rape.

This is surely poor police work but no reflection on the accuracy of the polygraph.

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Bill2E
Member
posted 12-04-2012 10:49 AM     Click Here to See the Profile for Bill2E   Click Here to Email Bill2E     Edit/Delete Message
There are times when we make mistakes, minimizing the punishment for a crime, and making it sound like no crime occurred can be a problem when you are the DA's investigator and are supposed to know the law.

The article has nothing to do with polygraph, other than the investigator was a polygraph examiner and obtained a confession prior to the examination. I'm sure the defendant locked onto "no crime" before making a full confession.

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Dan Mangan
Member
posted 12-04-2012 12:22 PM     Click Here to See the Profile for Dan Mangan     Edit/Delete Message
This has a lot to do with polygraph -- specifically, how it is misused.

From the article:

Tevald "appeared for what he believed would be a polygraph examination, but no polygraph examination was administered," Baratta wrote. "Instead, Mr. Patton, after misstating the law relating to consensual sexual relations, subjected the defendant to an aggressive interrogation regarding the details of his sexual encounter with the victim."

So, once again, the cops used the polygraph "test" as a ruse to get the suspect in a controlled situation, without counsel, and then grill the guy.

In my initial post, I made no mention of accuracy. I cited the NAS and OTA studies merely as time markers relative to how public perception of the polygraph can be measured.

The main function of the polygraph in the hands of the cops is that of interrogation prop. It was true then (OTA era) and it's true now.

Irrespective of advances in polygraph "science," I don't see much change in public perception. I don't see any hope for change either -- especially in the Information Age -- even in light of the industry's meta-analysis.

Some thirty years after OTA, in this case and with this examiner, we have:

o The polygraph "test" being used as a ruse to grill suspects

o Clear presence of examiner bias

o Clear indication of examiner incompetence (failure to record the session)

o Perpetuating of myths such as "The polygraph knows when you lie" by a polygraph expert lecturing college kids during his little dog-and-pony show.

o More ammo for GM and the A-P crowd

File under: Practical Polygraph (gone awry)

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Bill2E
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posted 12-04-2012 09:30 PM     Click Here to See the Profile for Bill2E   Click Here to Email Bill2E     Edit/Delete Message
Again Dan your on a rant. Cops should never be allowed to be polygraph examiners, only one technique should be used in any polygraph setting and we should all be ashamed of ourselves for deceiving examinees. That wraps up what you have to say over and over again. Sorry left out the part about the feds need to stop conducting research and APA should be disbanded.

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rnelson
Member
posted 12-05-2012 06:24 AM     Click Here to See the Profile for rnelson   Click Here to Email rnelson     Edit/Delete Message
Seems to me that this examiner (though there was no polygraph test) was working from the "expert practice" paradigm and not an evidence-based paradigm.

Had he conducted and exam, and had he obtained a recorded and accountable confession, there would very likely be a conviction on this.

So, the trust-me-I'm-an-expert model, without recording, seems to be failing.

People want to use the polygraph. They want the polygraph to be accountable in the usual ways. I think we can do that quite easily.

.02

r

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


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clambrecht
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posted 12-05-2012 08:08 AM     Click Here to See the Profile for clambrecht   Click Here to Email clambrecht     Edit/Delete Message
Our department mirandizes examinees and everything is on video -so not all police depts. use it as a psychological billy club as you suggest. But I do see your main point: our legitimate polygraphs go unnoticed by the media and story's like this contribute to perception errors.

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Dan Mangan
Member
posted 12-05-2012 09:32 AM     Click Here to See the Profile for Dan Mangan     Edit/Delete Message
This knee-slapper of a line just kills me...

The polygraph will know if you lie.

I'd wager the expert in this case gave the same cocky warning to every chump who ever sat for his polygraph "test."

Sure, the polygraph knows when you've been lying. Just like Santa Claus knows who has been naughty or nice.

And given that this expert said those very words to a college audience within the last year, he probably isn't keeping up with polygraph "science." Or unicorns.

Remember, kids: An ignorant polygraph test-taker is a good polygraph test-taker.

Evidently, the same applies to polygraph show-and-tell audiences.

[This message has been edited by Dan Mangan (edited 12-05-2012).]

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skipwebb
Member
posted 12-06-2012 09:25 AM     Click Here to See the Profile for skipwebb   Click Here to Email skipwebb     Edit/Delete Message
Dan your vehement diatribes and salacious comments might make you feel better about yourself but do little to shed real light on polygraph.

Maybe the anti-polygraph.org folks would enjoy your satire more than the folks here????

I’m quite frankly growing a bit weary reading it constantly.

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