State/PA - Juvenile Laws, Polygraph Testing

[kimkamm]

What is the name of your state? PA -- My son is one of a few minors being questioned in an investigation regarding a local robbery of some vending machines. MY question and concerns regard them wanting to take this further, having NO other evidence and having already questioned my son IN FRONT of me with my persmission (informally at my home) thus far, Have not contacted an attorney - didn't feel it was necessary -- they asked us during this informal questioning would he be willing to take a POLYGRAPH -- I know they ask this all the time from what I read -- I personally have never been investigated to be asked this -- My son said Yes. I think people automatically want to say yes as saying NO may make them look guilty - HOWEVER, here's why I am here -- people tend to get nervous around cops period - I do and I can say the most trouble I've gotten in with the law is not paying a parking ticket - or not having the money to pay a FINE -- we all know how they want that MONEY! Anyway, he has been in trouble at school with fights and stuff where today they automatically call the police -- NO more of the old days where the schools handle fights on their own, automatically the cops are called and these kids are FINED -- yes, fined-- we all know that most kids can't afford fines, so they're really fining the parents for something they cannot take control in as it happens outside the home -- I really had problems with that but there's nothing ME not liking it can do - I just can't begin to tell you how TODAY things are VERY different from when we grew up (those of us that schooled in 70's and 80's)
TODAY THEY SAID THEY ARE GOING TO DO THE POLYGRAPHS -- this after telling us they weren't sure they'd be approved - but they have no evidence and they're grasping for something -- So they didn't ask, they just said someone would contact me this week to SET UP my son's polygraph -
ONE, CAN YOU REFUSE A POLYGRAPH? 2, IF YOU CAN, DO THEY CONSIDER YOU GUILTY IF YOU REFUSE? iF YOU CAN'T REfuse, and from what I read, polygraphs ARE NOT admissible in court, why take one? If it can't be used in court that is? And, are they used for SIMPLE guilt or both guilt and innocense. Meaning, if my son passes, are they likely to close the investigation on him? Deos it eliminate someone as equally as CONVICTS someone? Understand my concerns? Finally, he's under 18 -- does he have any rights that differ from adults regarding "polygraphs" and as a parent, how can I protect him -- is this something I should now call a lawyer about -- ?

HELP me - please~ any advice appreciated!

Kim, YORK COUNTY, Pennsylvania

 

[seniorjudge]

Get a lawyer yesterday.

 

[quincy]

Yes, get a lawyer, and don't let your son take a polygraph test. There is a lack of standards for administering polygraphs, there are high error rates, the courts have held that the 5th Amendment privilege against self-incrimination applies to the taking of a polygraph and, thus, the refusal to take one cannot be used against a person. The National Academy of Sciences has questioned its use and has said that no scientific study has been published that offers convincing evidence of the validity of the test. The Department of Justice opposes the use of polygraph evidence.

They are notoriously unreliable and your son has nothing to gain, and much to lose, by taking one.

 

[Ohiogal]

And given all that quincy said they can be admissible in court.

 

[outonbail]

I agree, don't allow your son to be subjected to a polygraph test. While I believe that under the proper controls and when given by a qualified, unbiased person who has to follow a set format which takes control over the type of questions that can be asked, the atmosphere the test is given in, including who can be present during the testing and who is allowed to see the results and/or scrutinize the opinion of what the results may imply, the polygraph can be a good tool for law enforcement and employers etc.

However, due to the lack of control you and your son will have in the testing and the ease with which the test can be manipulated as well as the lack of set guidelines surrounding the questions that will be asked, who will have access to the test results, the qualifications of the person who interprets the answers given the test etc. there is just too much room for error and/or corruption involved in the entire procedure.
It is just not worth the risk to expose yourself or your son to such a test. Like quincy said, your son has nothing to gain from taking this test.

I wouldn't advise running out and spending a bunch of money to hire an attorney just yet. It can't hurt to check with a few attorney's who provide the first consultation at no charge or for a minimal charge, but I wouldn't be dishing money out that is non refundable until the police or district attorney decides to file charges against your son.
Until that time arrives, I'd advise you to tell your son not to speak with the police about this crime or answer any more of their questions, either with or without you being present. If the police had any solid evidence of your son being involved in this crime, they would present it to the DA to file charges, then come out and arrest him. By scheduling interviews and requesting polygraph tests, they are trying very hard to build a case that they can present to the DA. Do not help them, which is what you are doing, every time you agree to participate in one of these interviews, submit to a test, or agree to any search of a car or residence.

Out of curiosity, what are they claiming the crime involved, the vandalizing of vending machines, stealing the product, stealing the money out of them or possibly stealing the entire machine?

 

[outonbail]

And given all that quincy said they can be admissible in court.

Isn't it that the person who actually administers the test is then allowed to testify in court? I don't remember exactly how it was said to me, but I had two employees take a polygraph when a bunch of money came up missing. The company I hired to give the tests kind of went over the whole procedure and legal issues with me and I believe he told me that the test is not admissible but that the person being tested is asked to sign some sort of waiver and it basically opens the door for the person who gave the test to be called as a witness. Then they can testify as to they're opinion of whether the person was truthful or not when they were asked specific questions
This essentially, is the same thing as making the test admissible.

At least this is how I thought it worked. Maybe someone else here knows better. I'd like to know for sure myself, just what can become admissible in court once a person agrees to being tested.

 

[Ohiogal]

Isn't it that the person who actually administers the test is then allowed to testify in court? I don't remember exactly how it was said to me, but I had two employees take a polygraph when a bunch of money came up missing. The company I hired to give the tests kind of went over the whole procedure and legal issues with me and I believe he told me that the test is not admissible but that the person being tested is asked to sign some sort of waiver and it basically opens the door for the person who gave the test to be called as a witness. Then they can testify as to they're opinion of whether the person was truthful or not when they were asked specific questions
This essentially, is the same thing as making the test admissible.

At least this is how I thought it worked. Maybe someone else here knows better. I'd like to know for sure myself, just what can become admissible in court once a person agrees to being tested.

The tester can testify in court regarding the outcome of the tests and how they were administered and so on.