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  1. #1
    The Joker BradS's Avatar
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    06.10.07 @ 03:25 AM
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    Default Polygraph being accepted legally???

    I am all for sex offenders getting what they deserve, but to me this is crossing the line. We are opening up a serious can of worms here by allowing polygraph results to be used against you legally.

    Court rejects sex offender's polygraph complaint

    Associated Press
    First published: Wednesday, May 3, 2006

    NEW YORK -- Lie detector tests can be used to ensure that convicted sex offenders are obeying the rules of their probation, a federal appeals court has ruled.

    Noting it was ruling for the first time on the issue, the 2nd U.S. Circuit Court of Appeals said Monday that a judge was correct to allow polygraph testing, a ban on contact with children and a ban on Internet access for a sex offender.

    The ruling pertained to Jeffrey A. Johnson, an aerospace engineer and sophisticated computer user who the court said had used the Internet to conduct sexually explicit conversations with children between 1995 and 1997.

    Johnson was accused of luring several children to meetings, having sex with two victims under age 18 and arranging to have sex with a third. He pleaded guilty and was sentenced to seven years and four months in prison and three years' probation.

    Johnson challenged polygraph testing on the grounds that it could deprive him of his Fifth Amendment right to avoid self-incrimination and subject him to testing that is unreliable and not reasonably related to sentencing purposes.

    U.S. District Judge Thomas McAvoy in Albany ruled against Johnson but agreed to install safeguards to the polygraph testing process, including a requirement that questions be limited to information necessary for supervision, case monitoring and treatment.

    The appeals court, in considering McAvoy's rulings, found it agreed with the judge. It said polygraph testing "produces an incentive to tell the truth, and thereby advances the sentencing goals." It also said the testing "can help penetrate deception and encourage an offender to confront his own motivations and behaviors."

    Although the appeals court upheld the ban on Johnson's Internet use, the court said it did not believe a ban was appropriate for every sex offender who has used the Internet.
    Last edited by BradS; 05.09.06 at 11:57 AM.

  2. #2
    Little Dreamer
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    08.11.08 @ 07:08 AM
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    I agree...this can only start a snowball of bad things.



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