My daughter was molested last year by a friends uncle, and when it was reported they picked up the "man" and he was given a lie detector test which he failed by 98% but they cannot use that against him. Now they are saying that because it is her word against his that they cannot do anything because there was no evidence, and that just really burns me up. I think that a lie detector test should be able to be used in court especially when it comes to young children like this.
2007-04-10 05:16:12 · 6 answers · asked by Kristi H 1 in Politics & Government ➔ Law Enforcement & Police
Study well!
2007-04-10 05:20:09 · answer #1 · answered by Sami V 7 · 0⤊ 1⤋
After having worked countless cases such as this, one can agree there is a tremendous amount of frustration associated with this type of case.
There are several problems! To start, even though polygraph IS admissible in court, it has to be agreed upon prior to its' admission by both defense and prosecution. As a defense attorney, the circumstances implicating my client visa vie a polygraph examination, I'd be warped to ask that it be admitted. As a prosecuting attorney, I'd want that proof in court but am limited once the defense declines admissibility.
Other problems associated with this type case are the ages of the victims. Sadly, many victims are unable to articulate their problems until many years later when all hopes of obtaining evidence is lost. Therefore, evidence is based upon the testimony of the victim against that of the defendant.
Our courts demand a "preponderance" of evidence. When the victim states one thing countered by the defendant saying another....there is no "preponderance" of evidence.
I have been lucky enough in one recent case to finally convince a second grand jury to indict a case similar to this. Going this far leaves the final finding of guilt or innocence up to a jury who hopefully has the ability to see through the lies of the defendant.
Knowing this won't make things better in your case, maybe it will provide a bit of light at the end of the tunnel to know that the investigators are just as frustrated when these events become like yours!
Never give up and continue to pursue charges through the District Attorney's Office.
Best wishes.
2007-04-10 12:57:57 · answer #2 · answered by KC V ™ 7 · 1⤊ 0⤋
Our lovely attornies made sure that polygraph tests are not acceptable in a court of law. They are merely an investigative tool used by the police. Without the suspect confessing or any physical evidence I am afraid your options are limited. Don't you have any brothers that could pay a visit to this individual if you know what I mean...
2007-04-10 12:22:02 · answer #3 · answered by Dennis S 3 · 0⤊ 0⤋
Unless a lie detector comes along that doesn't have to be interpreted by a human operator, you won't get far with that new law....
2007-04-10 12:51:36 · answer #4 · answered by Carpe diem 6 · 0⤊ 0⤋
It can't be submitted into evidence because it is to shakey. But if you want a law passed, send a letter to your congressperson and senator and have them kick it up the chain till it gets passed or vetoed, or it may not pass.
2007-04-10 13:18:45 · answer #5 · answered by Clif S 3 · 0⤊ 0⤋
i am appalled by this .get some help from your local councilor.take it to the highest authority you can.this man needs to be locked up/ my daughter was abused by someone we know .he did time for his crime,but the victim never really gets over it.get help from c a b .they can be very helpfull good luck.*
2007-04-10 12:26:59 · answer #6 · answered by fushia 5 · 0⤊ 0⤋