Legal Question in Criminal Law in Canada
accusation
I have been accused of grand theft without any proof and have been asked to take a lie detector test. I am the only one out of four possible people to be taking this test. My employer does not want to take the matter to the police. Should I take the test? I am not guilty.
2 Answers from Attorneys
Re: accusation
I've some experience with these tests. I used the best lie detector expert in the L. A. area to do two tests on my clients. He explained everything very carefully. If he was giving the test I'd say go ahead and take it. However, with an unknown person giving the test (operator) I'd be very cautious about submitting to the test. He used ten questions, The ten questions are very important. Since five of these questions were used to establish the baseline. There are only five that were specific to the crime or events charged. And the accuracy of the analysis of the tests is very operator dependent.
There's a reason you've been targeted. And after the tests are over I suspect (you've got to go into this situation with this mind set) the employer will report it to the police.
If you were my client I'd have you submit to a test under my supervision before I'd let you submit to a test before an unknown operator. Then I'd us his expertise to go over the questions drafted by the company's operator. That way if you flunk the test. That is confidential and no one knows except your attorney and his/her operator. Even if this were to be revealed it would not be admissable in court, and your attorney would face disbarment. There is no way a normal person will not show a physical reaction to questions that he/she lies to. If the test is conducted properly it is very effect in focusing the criminal investigation.
Lots of luck
Re: accusation
I disagree with Mr. Hobbs. There is a reason that polygraph tests are not allowed a as evidence in court. They are very unreliable. What is measured is a change in your physiology. there is no way to determine why you reacted.
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