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  Polygraph used to determine sentence

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Author Topic:   Polygraph used to determine sentence
Barry C
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posted 07-13-2006 09:10 AM     Click Here to See the Profile for Barry C   Click Here to Email Barry C     Edit/Delete Message
I don't know how long this link will be up, but polygraph is being used in order to help a judge determine sentences on a multi-suspect rape. Here's the link: http://www.times-standard.com/local/ci_4040706

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Ted Todd
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posted 07-13-2006 09:48 AM     Click Here to See the Profile for Ted Todd     Edit/Delete Message
Barry,

Jim Dawson is the Chief Investigator for the Humbolt County District Attorney's Office. He is a great polygraph examiner and an active C.A.P.E. member. He will be the one administering the tests. If anything appears in the local media, I'll let everybody know.

Ted

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Barry C
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posted 07-13-2006 10:08 AM     Click Here to See the Profile for Barry C   Click Here to Email Barry C     Edit/Delete Message
Even if it deesn't appear, can you find out what weight polygraph is given? I'd be curious to know how it works out.

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rnelson
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posted 07-13-2006 10:13 AM     Click Here to See the Profile for rnelson   Click Here to Email rnelson     Edit/Delete Message

Polygraphs before sentencing are not at all unheard of. However, in my experience they are usually used to investigate some particular mitigating or aggravating detail of a crime in which the defendant is willing to admit to some involvement. Alternatively, I have seen pre-sentencing polygraphs used to investigate and inform the court regarding the defendants involvement other incidents or patterns of similar or distinct (non-similar) types of criminal behavior.

It would be interesting to know the targets for those tests.

The fact that the DA's office investigator is conducting the tests, in addition to the content of the article, suggests that the test may be intended to determine whether a crime of sexual assault in fact occured.

It appears the judge may be doing a little transferring of his role as finder-of-fact to the polygraph here.

r

------------------
"Gentlemen, you can't fight in here, this is the war room."
--(Dr. Strangelove, 1964)

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Barry C
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posted 07-13-2006 10:16 AM     Click Here to See the Profile for Barry C   Click Here to Email Barry C     Edit/Delete Message
It's probably a "who did what" type of case. Legally, I don't think it matters in California as all are guilty no matter what the person's part in it all, but it could be an issue at sentencing.

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Ted Todd
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posted 07-28-2006 08:25 AM     Click Here to See the Profile for Ted Todd     Edit/Delete Message
I spoke with Jim Dawson a few days ago. he has been on vacation and will be conducting the tests shortly. I will keep the board updated.

Ted

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