CAN YOU BEAT A POLYGRAPH TEST? WACKY SUGGESTIONS RANGE FROM CONTROLLING YOUR BREATHING TO SQUEEZING BUTTOCKS CHEEKS. EXPERTS SAY THEY CAN MAKE YOU LOOK GUILTY!
So, have you heard the stories about how to beat a polygraph test? Ever read any of the odd suggestions on the internet? Among them: Count backwards from 100 during the test to distract your brain, learn to control your breathing, put a tack in your shoe or bite down hard on your tongue to elicit a pain response and the one that makes me laugh the hardest — contract your anal sphincter muscle to confuse the results of the test.
Do any of these methods work? According to the experts they do not. In fact, if used they can actually make innocent people look guilty.
Jack Trimarco is one of the country’s pre-eminent polygraph analysts. He was with the FBI for 21 years, headed up the Los Angeles Polygraph Unit and he figures he’s conducted some 2,500 lie detector tests all over the world. Trimarco is the guy both the cops and defense attorneys want to call in to get to the truth. In the absence of DNA or other conclusive evidence, a polygraph test — given by an experienced examiner — can be very valuable to a District Attorney struggling with whether to file charges against a suspect.
I ran into Trimarco recently at the annual conference of the California Association of Licensed Investigators in San Diego.
“There are all these anti-polygraph internet sites out there,” Trimarco explained to a room full of CALI members, private detectives who had signed up to hear his presentation. “And they offer to tell you all the secrets of how to beat the test for $70.” Trimarco called such sites “terrible frauds,” out to take worried people’s money. “We professionals already know all the tricks they peddle and can spot them a mile away,” he said in his quiet but confident way.
Since the first modern-day lie detector machine back in 1921 the technology has evolved considerably. So much so that, Trimarco is willing to reveal at least one major weapon polygraphists use today to detect those test takers who attempt the “counter-measures” described above. It’s called the movement or pressure pad and the person taking the test sits on it.
“It detects any muscle movement that could be a counter-measure,” Trimarco told me. “If a person deliberately bites their tongue or squeezes their sphincter, their physiology will change. When a person tells a lie their physiology changes and they can’t help it,” he said. The subject’s sweat glands will activate, their blood pressure will jump then go down immediately, their respiration will change and all this happens over the course of just a few seconds. In other words, your body telegraphs your lies.
Pam Shaw, the President of the American Polygraph Association, says, “Every test can be beaten but under polygraph (that happens) under very, very narrow conditions.”
People who are required to take a polygraph to get or keep a job or to prove to law enforcement they had nothing to do with a crime, understandably, get nervous. Many hit the internet to research the polygraph process and when they run across the sometimes cockamamie sounding suggestions on the internet their anxiety might cause them to resort to counter-measures, Shaw told me during a phone conversation. “They feel they have to enhance the outcome … and what really happens? What really happens is truthful people end up hurting themselves.”
Shaw’s best advice to those facing a polygraph test? “Let your body do what it does naturally.”
Polygraph testing has always been controversial. So far only one state — New Mexico — has fully embraced the idea of allowing polygraph results to be admitted in court but only under strict certification guidelines for polygraphists. Most other states will allow the results to be presented to a jury if — and its a big IF — both sides agree to do so. In the real world, that rarely happens. The real problem with polygraph testing, according to those in the upper echelon of the industry, is not the machine’s reliability but those barely trained, uncertified operators who try to pass themselves off as experienced.
Trimarco’s advice to those who think they can beat a qualified examiner? “The only way to give an experienced, licensed polygraphed a run for their money is for the other person to be an experienced, licensed polygraph examiner.”
ROSLI DAHLAN CASE: PROSECUTORIAL MISCONDUCT BY A-G GANI PATAIL
I generally avoid invitations for buka puasa during Ramadan as I do not want to miss my terawih prayers. But hosts and venues of buka puasa these days are so sensible that they arrange for prayer places (“musolla”) and even have an imam to conduct terawih prayers that makes it more attractive for guests to attend such events.
That was one of the attractions for the buka puasa at the nasi arab restaurant Sahara Oasis at Jalan Ampang held by the Equestrian Association of Malaysia (EAM) recently.The guests list was a delight.
I met old friends like Dato Seri Jamaludin Jarjis, Ambassador at Large to the US, and other known personalities in the horse riding fraternity. But my greatest delight was when I saw my young friend, lawyer Rosli Dahlan, entering the restaurant and was fondly embraced by most of the guests and riders of the EAM. He was clearly amongst old friends and familiar faces. Only then I knew that Rosli was one of the founders of the Malaysian Endurance Riding Society. (Endurance riding is a very popular sport especially when the Sultan of Terengganu was the Yang Di Pertuan Agong.
MACC offered a Bargain on behalf of the A-G
My remarks seemed to strike a chord with Rosli. He looked at me and apologised for his earlier conduct. He said that he is very grateful for all my support. He then told me that some months back, he had been approached by Dato Razak Musa, the MACC Director of Prosecution, as a messenger of A-G Gani Patail. Dato Razak said that if Rosli were to withdraw his civil suits, A-G Gani Patail would allow the MACC to withdraw the criminal appeal that is pending against him.
I was stunned to hear that bargain was offered by the MACC. That smacks of “prosecutorial misconduct” a term used by one commentator on my blog, Mr Bean, in describing the prosecution actions against Rosli. This is a real abuse of power. This is a blatant bully tactic.
Furthermore, it is totally wrong to commence or pursue prosecution against an innocent person just to strike fear in him or to make a bargain to cover up for an earlier wrongdoing. This is total dishonor to the Office of the A-G.
This is not what Article 145(3) of the Federal Constitution intended when it confers discretionary powers upon the AG to commence and discontinue criminal prosecution against anyone in Malaysia. It is this arrogant abuse of power by the AG that results in selective prosecution in Malaysia.
I asked Rosli if that’s what is troubling him and what is happening to his cases. Rosli said that all the civil cases are coming up for hearing very soon and he is not too hopeful. He said that in one case, the matter came up in the court of appeal several times and it gets postponed every time because one judge or another would seek recusal.
No Deal, says Rosli
Rosli then said something under his breath that I thought sounded like “I might as well be judged by all my enemies”. I did not ask for clarification as he sounded sad enough already.
Rosli said that Ramadan had become so painful for him because he was abused, humiliated, arrested, detained and charged by the MACC in Ramadan 2007. He said that he couldn’t possibly accept the bargain offered by Dato Razak Musa as that would mean losing his dignity and self value. Rosli then wryly said that it’s not just a cruel irony that the MACC’s appeal against his acquittal will be coming up next week on August 2 during Ramadan, but that it was orchestrated to remind him of the things that those in power can do to inflict pain and suffering.
After saying all these, Rosli must have suddenly realised that he had said too much and then requested “Din, please don’t write any of these. It’s personal between us ok?” I did not reply.
To Rosli, I have to say sorry but I can’t keep what he had told me as a private matter.
It is not a private matter when there is prosecutorial misconduct by A-G Gani Patail and Razak Musa in abusing their powers to pursue the appeal against his acquittal only because they could not get Rosli to withdraw his civil suits.
To Rosli, I have to say that I respect and salute him more for not caving in. Only in times of crisis like this that we can separate the men from the boys. To Rosli, I say La Tahzan (Don’t be Sad) because God is watching over you and so will we! readmorehttp://lawmattersjournalmalaysia.blogspot.com/2012/07/can-elusive-abdul-gan-patail-beat.html
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