RSOL of Virginia
Reform Sex Offender Laws
Seeking Justice and Safety for all Virginians

 

 

 

 

 

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Posting #103 – The Magic 8 Ball

By:  RSOL of Virginia
Date: 06/22/2009

Dear Virginia Delegates, Senators, Attorney General and Governor,

RSOL Virginia has recently been made aware of a disturbing trend developing. We would like to understand the reasoning behind the Virginia Department of Corrections and Probation requiring those on probation for 2-10 years to pay for and pass polygraph tests every 3 or 6 months.

We also understand that at the Virginia Center for Behavioral Rehabilitation the civil commitment residents are regularly required to submit to polygraph tests, sometimes three tests in one session looking for different results. Those results are then used against the resident during their “annual review” in court by the Virginia Attorney General’s office.

Polygraph results are inadmissible in Virginia courts because they are so thoroughly unreliable as to be of no proper evidentiary use whether they favor the accused, implicate the accused or are agreed to by both parties. The Supreme Court has ruled "There is simply no consensus that polygraph evidence is reliable" and "Unlike other expert witnesses who testify about factual matters outside the jurors' knowledge, such as the analysis of fingerprints, ballistics, or DNA found at a crime scene, a polygraph expert can supply the jury only with another opinion.”
The biggest problem with the polygraph is that it is a pseudo-science purposely shrouded in mystery. The very name of it immediately discounts its worthiness. Note that no one except the layperson and ignorant calls it a “lie-detector”, yet that is the way the Justice Department is currently using it. No machine can detect lies. The results are totally reliant upon the subjective opinions of the examiner. The assumption behind the polygraph is that a person will have an uncontrollable physiological reaction to a question that they are about to lie to, (i.e. it measures the reaction to the question not the answer). Unfortunately the question in itself is upsetting, particularly when it’s regarding sexual deviance and the fear of a false positive given the penalties are in most cases overwhelming. If you doubt any of these claims please feel free to schedule a polygraph for yourself and submit to the most obscene and infuriating questions one can only imagine. To ensure the results are as inaccurate as they often are we would request you first inform the media of your intent and guarantee to them the questions with the results will be published. RSOL of Virginia will gladly fund the first 3 Virginia Legislators that volunteer. If you hesitate to take on this challenge then you cannot rely on this as a tool. Leave the polygraphs to trash TV like Jerry Springer and Dr Phil, where it belongs.

Another major and incontrovertible problem with this test is that in order to establish a baseline for deception the examiner will ask a question that he believes the respondent is lying about or even less reliable the examiner will tell the respondent to answer falsely. If that question is to tell your name, address or age and you are directed to answer falsely, you will not have any significant stress over giving that false answer, which results is a false baseline. Any question after that which results in a higher stress level will return a deception indicated reading. The parameters cannot be reliably established.

Currently if a person on probation in Virginia fails one of their required polygraph tests they must retake another and if they then fail the second test they will be sent back to prison. To send someone back to prison based on a pseudo-science application when they have not committed another crime or broken any of their probation rules is Pre-Emptive Justice, the power to imprison those who have not yet committed a crime. Our country has been moving towards this with other examples like the Bush Doctrine and Government run internet chat-room stings. Dr. Richard Wright wrote in Sex Offender Laws; Failed Policies, New Directions, “Our nation is built on an adversarial system of justice where one is assumed innocent until proven guilty. We are moving toward an inquisitorial system of justice in which one must prove one’s innocence; innocent people will be wrongfully arrested and punished”.

Once again it seems when it comes to the “Sex Offender” we have decided it is good to punish our citizens based on what we think they might do as opposed to any actual crime. We are at odds to understand what the State of Virginia bases this reasoning on. Just to be sure, the movie “Minority Report” is science fiction and the States attempts to administer justice based on this type of prosecution is flawed at best and unconstitutional at worst.

The state of Virginia needs to cease using the polygraph test for citizens on probation and for the residents of the Virginia Center Behavioral Rehabilitation. No Virginia, there is no magic machine that can read your mind, so let’s stop pretending there is.

Sincerely,
RSOL of Virginia Organizers

 

1st Response to Posting #103
From:  Jonathan
Date: 06/22/2009

Excellent letter. 

I have taken several polygraph exams when I was in the military as an intelligence officer was very familiar with the polygraph and its limitations.   I have always said that polygraph isn't science, its theater. 

Anxiety over the results alone (but who on probation would have any reason to be anxious?) could be enough to cause a "deception indicated" assessment. 

The idea of letting the DOC give polygraphs assembly line style ought to  scare the hell out of anyone.  I agree with everything you say.

Jonathan

 

2nd Response to Posting #103
From:  Roland
Date: 06/22/2009

I agree.

I too have to submit to polygraph tests every six months and just the idea  that you are scheduled to take one sends sheer panic to the individual.  What gets me is that they ask you dumb questions before the test is given like how many times do you masturbate in any given time.  They are right in that it is the questions not the answers that mislead the individual to fail his or her test. I know in Richmond we are now required to pay $60.00 towards the cost of the polygraph test and if you fail it you must pay for the whole thing, which I see as not fair. 

It is bad enough that we are forced to pay for group therapy that the state mandates we must have, but to throw this in our face is just ridiculous.  So my hat is off to for taking the time to see that justice is not being done the right way.

Roland

3rd Response to Posting #103
From:  Kilee
Date: 06/22/2009

 

My brother passed his first one so then they proceeded to tell him he had to take a second one because the guy giving the first one wasn't qualified however they didn't refund the money he had to pay to take it.  So he failed two after that and wasn't threatened to be put back in jail. 

My brother along with my parents went to see three different lawyers which said they could not put him back in jail.  I have talked with other sex offenders of how these test are being conducted in which like my brother they tell them they have failed and there is more there aren't telling and try to pressure them.

I would like to see some of the upper people taking these tests also however I would want them to be given from a source unrelated to them so they wouldn't be able to  corrupt the test by influencing the person giving it.  These tests are out of control.

Keep up the great work.
Kilee

 

4th Response to Posting #103
From:  Kelly
Date: 06/22/2009

 

Has anyone ever asked how something inadmissible in court can be used as an interrogation tool?

Is this simply low level water-boarding?  Why can law enforcement use a tool that the courts find suspect? 

In fact, why can law enforcement lie during an interrogation?  Could it be that our Police State acts outside the Law?

Kelly

 

5th Response to Posting #103
From:  Mark
Date: 06/23/2009

I JUST had a polygraph and they lied.  They asked me a question that I had to answer beyond my last polygraph. They told me the first polygraph was a sexual background and every test thereafter would ONLY cover from last test.

The specific question was, "Have you had any sexual acts that you have not told me about?"   He did not ask, 'Since the last polygraph, have you had any sexual acts that you have not told me about?'

I confronted the tester and could not give me a straight answer why they asked me this broad question regarding my sexual behavior beyond my last polygraph and why they broke their agreement.  Of course, I was deceptive and deceptive on 2 other questions, because that said question rattled me from the start.

If you have time, please disseminate wide and far about the new tactic these guys are using.  Specifically, _______________ in _____________, VA.

Mark

 

5th Response to Posting #103
From:  Mark
Date: 06/24/2009

RSOL of Virginia,
I want to share a theory with you.
 
There was a get together with all the SO Probation Officers and SO Treatment Providers that where they discussed how they can fail more people on the polygraph.  I think that not enough SO’s are failing it and too many SO are passing it.  You would think that is great news, but when money is involved, everything else takes a back seat.  Consider this:

  • If SO’s are being honest and passing polygraphs, what's the justification giving them more polygraphs and requesting money for those polygraphs?  Associate Polygraph and all other polygraph business would soon find themselves out of business.
  • Let’s assume SO’s are failing the polygraphs left and right for a moment.  Wouldn't that feedback go to all the SO treatment providers and informing SO students that there is a dangerous trend?  Not a single word.  In my group, not one SO has failed a polygraph.
  • In my case Associate Polygraph shifted tactics and used careful language and asked a question beyond my last polygraph. Also, I had a different test administrator I have never met, therefore the nervous factor is higher when talking about personal sexual issues.

                I was in the military and when I had to submit attrition rates, my rate was lower than previous man in charge.  In other words, more sailors are passing my classes. Officers in Charge question my attrition rate falling short of accusing me I'm letting sailors pass where they should have failed.  I know how the system works!!!

Mark

         

6th Response to Posting #103
From:  Bob
Date: 06/28/2009

RSOL of Virginia,

When I took the polygraph, the retired Fairfax County Police Officer who did mine lied on the   report.  He made up his own idea of what I said and reported.  Three years later my Probation Officer asked me about the report, since we are not allowed to see the reports we pay for polygraphs, I told her I don’t know what she was talking about.  I had to dispute the report on the next polygraph and passed.  However, for three years they all thought I was much worse SO than I was.  The entire system is designed to incarcerate and exaggerated against the SO.  I am certain this test is not scientific and the people providing analysis are against all SO’s.

Bob