This is a situation a very good friend is going through currently and though it seems pretty cut and dried....we're scared for the family.
My good friend's husband has been accused, NOT formally charged with something (it shouldn't matter what the charge is however if it did go to court
it would be a criminal case/investigation).
He is innocent without a shadow of doubt and has a multitude of very close family and friends who will attest to this, no history of prior
accusations, nor any history of legal troubles (except parking tickets).
he went for a 2 and a half hour interview at the cop shop today and at the end of the interview he was told basically that they did not have any
sufficient evidence to proceed with a criminal investigation or to lay any formal charges...but would he like to have a polygraph done...?
he was quite taken aback by the offer of a polygraph and said he'd like to consult a lawyer before making any decision.
I know that in Canadian Criminal proceedings a polygraph is NOT admissible as evidence...but does refusing one automatically make one guilty???
Accuracy??? how accurate a measure of innocence or guilt are they.
Why would the police offer one if they admitted not having enough evidence anyway to proceed with formal charges?
I've read so many conflicting reports on the validity of the tests and the numerous factors involved including the test administers, mental state,
Control questions etc...
He really does not want to take the test and I am sorely confused. Is it possible to fail a test even if you are innocent? Is it possible to request a
retest if the results are inconclusive or offer a false-positive?
Is he perhaps being trapped?
What other tests should he be asking for in conjunction with this test in his defense? It is an accusation that involves a psychological issue or a
predisposition to a psychological issue...mabey he should just get a shrink's write up as to his mental state??? Or in conjunction with???
Or should he just tell em no thanks, I've told the truth and it's up to you to prove otherwise???
The family is in turmoil and my own opinion is, why the hell would you refuse it if you're innocent...it's another item for the truth pile right?
My opinion may be naive and I may be missing something. I am fairly knowledgeable about Canadian law but I'm no lawyer.
Unless he can clear his name in a way that is deemed conclusive his life is ruined and his family's life is also.
I told him he was fine and well within his rights to want to run it past a lawyer first before agreeing...but I'm still shaking my head as to why
he'd refuse and or not want to take it.
take it and pass and it's all good. he'll pass because he didn't do what he's accused of. that seems to easy somehow...is it???
I'd love opinions or suggestions on this if anyone has had a polygraph experience or knows how the police use the polygraph testing and under what
circumstances they "really" offer it.
MODS: I figured this was Scientific and technology related...polygraph testing has become more and more prevalent in society and many businesses
including the RCMP and CSIS use it to screen recruits....if it belongs elsewhere please feel free to move it
[edit on 1/29/2009 by justgeneric]