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Posted by Anthony R
- May 03, 2024, 02:44 PMHere are a couple of points I would like to make about trying to collect court ordered debt payments and requiring that parolees make co-payments on lie detector testing: Our juvenile court used to lock up dead beat parents, usually fathers that did not make child support payments. Some of the fathers were openly stiffing the court, and some of the fathers were unemployable or in jail and thus could not pay the court. Long story short, a higher court ruled that juvenile court was running a debtor prison and compelled the JC to stop locking up non-paying parents. The second point I am making is that I had a colleague that had a specific sex-offender caseload. He said it was the responsibility of his probationers and parolees to secure their own polygraphists. Commonsense tells us that since the offenders were paying, the polygraphists were literally the employee of the offender. Since I have never heard of an honest polygraphist, it is obvious that if the polygraphist wanted the money stream to continue, he/she would have to report that the offender was no longer offending
Posted by ResearchMonkey
- May 03, 2024, 09:21 AMYou're right about the 5A violation, and the 10th Circuit has already made a significant ruling on whether they should be allowed at all.
That said, I don't know about case law pertaining to whether or not a state can compel you to pay for it (or punish you for not being able to pay for it). The only related legislation that I know of is the Delaware Senate Bill 4, which is still being rummaged over in the state's general assembly. Among other things, it would end any and all payment requirements for people who are court ordered to attend treatment or evaluations. This makes sense, because the money issue should never be allowed to hinder the treatment. Furthermore, it creates a financial incentive for people to cheat, as you mentioned above.
For reference, compelled polygraphs in DE are contracted to Select Polygraph Services and exam co-pay is about $250, even though I'm pretty sure the state already cuts them a considerable check. If SB4 passes, those grifters are just gonna have to renegotiate their contract with the state or else find another job to support the quality of life enabled by their scam.
That said, I don't know about case law pertaining to whether or not a state can compel you to pay for it (or punish you for not being able to pay for it). The only related legislation that I know of is the Delaware Senate Bill 4, which is still being rummaged over in the state's general assembly. Among other things, it would end any and all payment requirements for people who are court ordered to attend treatment or evaluations. This makes sense, because the money issue should never be allowed to hinder the treatment. Furthermore, it creates a financial incentive for people to cheat, as you mentioned above.
For reference, compelled polygraphs in DE are contracted to Select Polygraph Services and exam co-pay is about $250, even though I'm pretty sure the state already cuts them a considerable check. If SB4 passes, those grifters are just gonna have to renegotiate their contract with the state or else find another job to support the quality of life enabled by their scam.
Posted by Phoenix
- Nov 29, 2023, 09:58 PMMy PO will charge me for my 1st polygraph and if I fail, increase the copay price for each failed test there after. In this case I believe this is a 5th amendment violation. As far as inducing and incriminating. I met some men who lied just to avoid this financial penalties.
Does any know of any case law on this specific topic?
Does any know of any case law on this specific topic?