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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-15-2011, 09:55 PM
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Default polygraph

Anyone ever failed a polygraph test even though they were telling the truth, if so what do you do
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Old 12-15-2011, 10:58 PM
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What was the polygraph for?
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Old 12-15-2011, 11:34 PM
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ex made false allegations that my grandson or myself put some bruises on my great grandaughter legs, I know the mother did it, because we had been reporting the bruises to cas for the last month they had me do a polygraph first to be honest they did not actually say I had failed it, they said I did badly on it and then tried to get me to confess to bruising her, of course I did not so I just said they were wrong regardless of what the test said, then they said they could not do my grandsons because of my results, I am not going to admit to something I did not do, because I know I did not do it, even accidently, she made the allegation the day the child was supposed to come back to us, and apparently noticed it the day after the child returned from us, but did not report it for 4 days, yeah right, she knew what would happen as soon as we noticed it on the child, we would have reported it right away,
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Old 12-15-2011, 11:58 PM
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I have some experience with polygraph tests. Although I have never failed one, I know of many who have. Polygraph tests are NOT always correct and alot of the "false positives" are due to the individual's stress given the situation. Clear your mind, listen to the question, think of nothing else and speak the truth.

Demand another test.
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Old 12-16-2011, 01:13 AM
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I don't think you can use them in Court
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Old 12-16-2011, 11:30 AM
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The best way to never fail one is to never take one under any conditions. All lawyers I've ever met swear by this.

However, not taking the test has in my experience been at least as bad as taking it and failing it. My psychologists suggests they are still used because a failed result is often stressful enough to cause a guilty person to confess. Police really like confessions so they continue to use them as an interrogation tactic regardless of the results or their lack of validity.

I elected not to take a test and risk a false positive during a criminal investigation. Instead I was assumed to be 100% guilty and treated as such by police and CAS. I have not seen the kids in 5 months now, despite having done nothing and there being no evidence of wrongdoing by me.

Here's the clincher: While they are not admissible in court, CAS does not have meet the burden of evidence in order to destroy your family. CAS can ruin your life quite effectively long before they ever step into a court room. They don't need solid evidence, for them it's good enough to have a suspicion, or simply "balance the probability of guilt". Thus, if it seems possible that you caused the injury, they will act as if you did, even when you did not and they could never prove it in court.

Good luck in your matter, though I would not have taken a test that is 60% accurate and rely on the facts of the case instead.
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Old 12-16-2011, 11:50 AM
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Well the father has not taken the test, I have been told police can lie to get a confession out of you, they never actually said I failed the test and I know if the mother undergoes one she will crack, and I know it was her who hurt the child so I guess we will have to wait and see
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Old 12-16-2011, 11:56 AM
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You are correct, police lie like crazy, intimidate, bully and torment anyone they consider a good suspect. Be very wary of them. Do not believe or take seriously anything they tell you unless you have seen evidence of it for yourself. In almost all cases, police will say you failed some or all of a polygraph test simply because they want to see your reaction. You will probably never know if you actually passed or failed.

Just because the tests are so inaccurate, don't assume anyone will ever pass or fail or crack and confess. Just as you did not hurt the child but failed the test, the person who DID hurt the child may easily pass. It depends on the personality of the examiner and the subject, the control questions used and the subjective life experience of the subject as well. A really well done test may achieve 90% accuracy, but they are almost never well done.
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Old 12-16-2011, 12:08 PM
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Quote:
CAS does not have meet the burden of evidence in order to destroy your family. CAS can ruin your life quite effectively long before they ever step into a court room. They don't need solid evidence, for them it's good enough to have a suspicion, or simply "balance the probability of guilt". Thus, if it seems possible that you caused the injury, they will act as if you did, even when you did not and they could never prove it in court.
Incorrect. CAS has a burden of proof like any other organization. They CANNOT arbitrarily apprehend a child. Yes, they can do so "on suspicion", but if they go that route they MUST haul you into court within 5 days to prove (to a judge) as to why their involvement is necessary.

They CANNOT hold your children hostage unless you either agree to it, OR they have sufficient evidence to get a court order.

CAS only has three choices when they believe something has occurred.

1. Get you to VOLUNTARILY agree to their involvement
2. Get the court to ORDER their involvement.
3. Close the file

That's it. If you don't voluntarily agree to their involvement, AND they can't get a court order, they have to close the file.
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Old 12-16-2011, 12:12 PM
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What about motions? I honestly have never been inside a court room yet, but aren't motions basically decided on an "it seemed like a good idea at the time" basis?

They threatened to my partner that unless she "voluntarily" agreed to their access restrictions, they would file a motion to remove my access.

And it's the apprehension of the children at all that worries her. They have her scared that any resistance on her part will result in immediate and swift removal of her children, despite the fact that we do not live together.
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