[EMAIL PROTECTED] writes:


Hi Jackie,

>Jackie Fellows <[EMAIL PROTECTED]> writes:

[about polygraphs]
>No they are not the most effective means of showing lies.  If they were,
they >would be permissible in court.

Courts are places of drama, of theater.  They are not places of truth and
justice.  Only little children believe that.

>Any antisocial can pass a lie detector...

This is one of many myths that are totally false.

I have extracted from an amicus curiae brief for arguments before the
Supreme Court regarding the use of polygraphs.  It was allowed in this a
case - a court martial.  The full brief, which is very lengthy, is located at:

http://truth.idbsu.edu/amicus/brief.html

SUMMARY OF THE SCIENTIFIC DATA ON THE VALIDITY OF THE COMPARISON QUESTION
TESTS

The scientific data concerning the validity of the polygraph can be
summarized as follows: High quality scientific research from the laboratory
and the field converge on the conclusion that the CQT is a highly accurate
discriminator of truth tellers and deceivers. The research results converge
on an accuracy estimate that exceeds 90 percent. Moreover, original
examiners, who are most likely to offer testimony, produce even higher
estimates of accuracy. There may be a tendency for the CQT to produce more
false positive than false negative errors, but this trend in the current
literature is not particularly strong. (17) Moreover, no tendency toward
false positive errors is seen in the decisions of the original examiners.
The scientific validity of a properly administered polygraph examination in
a real life case compares favorably with such other forms of scientific
evidence as x-ray films, electrocardiograms, fiber analysis, ballistics
comparison tests, blood analysis, and is far more reliable than other forms
of expert testimony (e.g., psychiatric and psychological opinions as to
sanity,

<snicker>

diminished capacity, dangerousness and many of the post traumatic
stress/recovered memory syndromes). (18)

ALTHOUGH THE SUBJECT OF SOME CONTROVERSY, POLYGRAPH TESTS ARE
ACCEPTED AS VALID SCIENCE WITHIN THE RELEVANT SCIENTIFIC COMMUNITY OF
PSYCHOLOGISTS AND PSYCHOPHYSIOLOGISTS.

The notion that the polygraph is generally accepted in the relevant
scientific community as a valid test is supported by several sources of
evidence. There have been two surveys of the Society for
Psychophysiological Research that have directly attempted to address the
general acceptance issue. (19) The Society for Psychophysiological Research
is a professional society of scientists (Ph.D. and M.D.) who study how the
mind and body interact. Thus, the Society for Psychophysiological Research
would seem to be the appropriate scientific community for assessing general
acceptance. An initial survey was undertaken by the Gallup Organization in
1982. That survey was replicated and extended in 1994 in Susan Amato's
Master's Thesis at the University of North Dakota. [etc.]

[Those who claim lack of scientific acceptability it seems do not consult
the scientists who would have some knowledge of the subject.  The prejudice
against polygraphs is superstitious.  They are damned for being both
unreliable and too reliable.  That they are a dangerous tool that should be
controlled should go without saying but only because of their validity.]


SCIENCE HAS ALSO EXAMINED MANY OF THE TRADITIONAL CRITICISMS OF
POLYGRAPH TESTING AND HAS PROVIDED DATA TO ADDRESS THEM

Countermeasures

Countermeasures are anything that a subject might do in order to distort or
defeat a psychophysiological credibility assessment test. Detailed reviews
of the scientific literature on countermeasures are available in a number
of locations. (24) This research leads to several conclusions. First, there
is no credible scientific evidence that drugs or other countermeasures
designed to affect the general state of the subject are effective against
the CQT. (25) However, studies have indicated that training in specific
point countermeasures designed to increase responding to comparison
questions is effective in producing a substantial number of false negative
outcomes. (26) Nevertheless, it is also important to note that training in
the countermeasures appears critical to their effectiveness. Subjects who
spontaneously attempt countermeasures or are only given the information are
unable to achieve effects, (27) and the required training is hopefully
difficult to obtain. (28) Honts and Perry note that while there are no easy
answers to the problem of countermeasures, it appears that computerized
analysis of the physiological records substantially reduces the false
negative rate attributable to countermeasure use. (29)

Psychopathy and Other Psychological Conditions

The popular notion that a "pathological," "psychopathic," or "criminally
hardened" liar cannot be tested successfully with the polygraph has no
basis in scientific fact. "Psychopathic" or "criminally hardened" liars,
including those clinically diagnosed with Antisocial Personality Disorders
respond quite satisfactorily when attempting deception and are as easily
detected in their deception as normals. (30)

Psychotic persons may not be suitable subjects for polygraph testing, but
only when they experience psychotic episodes, delusions or hallucinations
during the examination. Then, the subject might sincerely believe such
delusions to be fact...

Polygraph Evidence Will Not Overwhelm The Jury Decision Making Process
Resulting In Trial By Polygraph

[This is an area of witchcraft I do not necessarily agree with. :-}  The
following I do:]

WITHOUT THE POLYGRAPH HUMANS ARE NOT VERY GOOD AT DETECTING DECEPTION

Although the role of credibility assessment has traditionally been left to
juries, scientific research suggests that the average person is not very
good at detecting deception. This research has been reviewed in a number of
occasions and the reviews converge on a conclusion that without an intimate
knowledge of the individual, or instrumental assistance, the average adult,
including lawyers, judges, police officers, intelligence officers and
psychologists are, at best, only slightly better than chance at detecting
deception by adults or children. (40) Thus given the validity data for the
polygraph described above, it would appear that a properly conducted
polygraph test would offer valid and helpful information to the trier of
fact in his or her task of assessing credibility in context of a criminal
trial.

CONCLUSION

For the foregoing reasons, the members of the Committee of Concerned Social
Scientists respectfully submit that polygraph testing is a valid
application of psychological science and that it is generally accepted by
the majority of the informed scientific community of psychological
scientists as such...
Best,     Terry 

"Lawyer - one trained to circumvent the law"  - The Devil's Dictionary 



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