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CASE STUDY: ATTORNEY'S QUANDARY©
A local attorney called our office asking for advice. He represented a young man who
was accused of rape. The alleged victim and her parents were pressuring the police to make
an arrest but the police were skeptical of the victim's story. They thought the sexual
contact between the two might have been consensual.
The police had offered the young man the opportunity to take a polygraph examination to
clear his name. If his polygraph test indicated he was telling the truth when he denied
raping the young woman, the police would not charge him with any crime. The attorney asked
Mr. Bassett to test the young man first. He passed Mr. Bassett's polygraph test. No rape
had occurred. After reviewing the findings, the police decided that giving the young man a
second polygraph test was unnecessary. No rape charge was brought. An innocent man avoided
the cost and emotional toll of a criminal trial
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CASE STUDY: EMPLOYEE THEFT©
A $1500 cash deposit was missing from the store's safe.
Since only five managers had the safe combination, it was assumed that one of
them had committed the theft. Up until now, all five had been trusted employees.
At first, the company wanted to ask all five managers to
take polygraph examinations. However, none of the five had exhibited the "reasonable suspicion" necessary to
satisfy the requirements of the Federal polygraph law. Upon contacting us, we advised the company to
administer Specific Loss Questionnaires™ to each manager with the hope that the answers provided by one or more of them would provide the
basis for "reasonable suspicion" required by the law for polygraph testing.
One of the managers - Eleanor - provided the following answers to the
questions below:
SLQ Question #7:
"Suppose the investigation of this crime is completed. You are approached by
the chief investigator who says to you, 'We have collected all the facts and analyzed
them. There is no doubt that YOU committed this theft.' What would you
say to him?"
Eleanor's response was, "I would tell him I quit."
SLQ Question #9:
"Suppose you were charged with this theft and the case
went to court. If you had the chance to tell the judge anything you wanted
to tell him or her, what would you say?"
Eleanor answered, "I would ask them if they could just
give me community service."
We offered our opinion that Eleanor's answers to these
questions provided a basis for reasonable suspicion that she had stolen the
deposit. The store's attorney concurred. Eleanor took the polygraph test and
flunked. When she was confronted with her polygraph test results, Eleanor
confessed.
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CASE STUDY: SUSPECTED INFIDELITY©
Sylvia suspected that her husband, Frank, was cheating on her. After three months of
counseling, the marriage counselor threw up her hands in frustration. She told them that
they could make no progress until they learned whether or not Frank had been
unfaithful to Sylvia. The counselor suggested that the couple call our office
for a polygraph examination. Both readily agreed.
Frank answered this pertinent question on his
polygraph examination:
"Since you married Sylvia, have you had sexual relations with anyone else?"
When Frank said "No", the polygraph said he was telling the truth. Frank and
Sylvia completed counseling successfully and are still together.
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