Polygraphs and misdemeanor probation

[antiman]

   I have been placed on probation for a year for a minor misdemeanor offense. I was shocked to find that they insist on "maintenance polygraphs" in the state of Texas and while we all know that polygraphs aren't really admissable in court anymore, I fail to understand why it is that they insist that probationers take polygraph exams.  My examination took place several weeks ago and  I employed countermeasures along with my permanent mindset that  polygraphy is b/s, I was amazed that the ploygrapher played so dumb when questioned. Anyway, I employed the countermeasures of controlled breathing and tightening the anal sphincter and the chart lines were even and consistent all the way across with no jumps but the polygrapher didn't say I passed or failed, he just said, "well, you didn't do so well."  Aside from the fact that I had a toothache at the time and had had very little sleep the night before and informed the polygrapher of this at the time, he proceeded anyway saying that he'd take that into  consideration.  The test proceeded and my chart lines were even and consistent all the way across. Neither my probation officer nor therapist I'm required to see had recieved the "results" in a timely manner nor have I ever seen any of those scored results myself.  Am I to assume that the results were inconclusive? OR Do they just take the word of the examiner as to pass or fail without producing the actual chart and scores?  I remain dazed and confused with all this and MUST take two more examinations before my probation expires next year, one of which I shall have to pay for. What happens if I refuse to take the examination, especially if it is one I'm forced to pay for despite the fact that I'm hurting financially anyway?

The other thing is that during the examination, while employing countermeasures, I could see that the polygrapher was shaking is head a couple of times and pumped up the arm cuff tighter.  Again, am I to assume that even though there were no chart line jumps and the entire chart lines were even an consistent all the way across, that it was really inconclusive or that the polygrapher, aside from being a true liar himself, is really the deceptive one to my probation officer and therapist?  Can anyone  provide any useful feedback regarding this ongoing ordeal?

[Administrator]

antiman,

Your post has been edited for ease of reading: the hard returns you had placed at the end of each line were removed. No other change has been made.

[George W. Maschke]

It is impossible to say, based on the account you provided, whether your polygrapher scored your polygraph chart as "deception indicated," "no deception indicated," or "inconclusive." However, if you did not receive a post-test interrogation, then it seems likely that you either passed or that your results were at worst deemed inconclusive.

Some of the things you stated in your account strike me as odd. To begin with, you wrote:

...I was amazed that the ploygrapher played to dumb when questioned about the  difference between "relevant" and "control" questions.

Did you actually ask your polygrapher about the difference between relevant and "control" questions? Unless one is planning on using the complete honesty approach outlined in Chapter 4 of //The%20Lie%20Behind%20the%20Lie%20Detector, it is highly unwise to ask such a question of one's polygrapher. It immediately alerts the polygrapher to the fact that one knows more than he/she would like one to know about polygraphy, and will put the polygrapher on heightened alert for countermeasures attempts.

You also wrote:

...the chart lines were even and consistent all the way across with no jumps...

It seems unusual that your polygrapher showed you your complete charts so that you could make this observation. To be effective, polygraph countermeasures must produce augmented physiological responses to the "control" questions. What specific countermeasure(s) did you employ?

I do not know what the legal ramifications would be if you were to refuse the remaining two polygraph interrogations to which you are required to submit during the period of your probation. I suspect that the cost(s) of refusal (whether in cash or in kind) would be greater than the polygrapher's fee. You might want to check with a lawyer on this point.

[dimas]

If you did happen to mention that you "know" the workings of the Poly, it is very likely the examiner was looking for the counter measures.  You also mention that you used both the breathing and the "anal squeeze" technique which I can personally tell you is a bad combination.  Drastic changes in the breathing pattern are usually the #1 thing that tips off the examiner as to the use of counter measures.   Then again from my experience simply saying you know anything about the Poly can almost guarantee they will accuse you of cheating.

As to the other question about refusal, the terms of your probation should be stipulated on a court document given by the judge who handled the case (You can't hang out with so and so, you are to do so many hours of community service, you are to meet with your P.O. this many times etc etc etc).  If it is court ordered and you refuse, they will probably charge you with violation of probation, however if it is not ordered by a judge, I find it hard to believe the State of Texas(probation department actually handling your case)will enforce it or if they even can.
If you can email me with the following info:
County in which the probation is being enforced. (must be a pretty rich county to actually pay for 2 of the 3 tests)
If it was federal or state court that found you guilty.
With this info I may be able to help you on that issue.

[George W. Maschke]

dimas,

You wrote in part:

You also mention that you used both the breathing and the "anal squeeze" technique which I can personally tell you is a bad combination.  Drastic changes in the breathing pattern are usually the #1 thing that tips off the examiner as to the use of counter measures.

Could you explain how you reached this conclusion?

[Braden]

@ dimas

caribou county idaho
its drug court in caribou county they want my friend to take a polygraph test and im wondering if she can refuse the test or not... any help with this is greatly appreciated. thanks Braden@ dimas

@ dimas