Navigating Wrongful Convictions: The Role of Polygraph Testing in Seeking Justice
In every profession, such as polygraph examiners, mechanics, physicians, attorneys, and even law enforcement, there are individuals who are either inexperienced or conduct themselves inappropriately. Unfortunately, these individuals can harm the reputation of others in the profession who are outstanding and consistently go above and beyond. In this blog, we will discuss those who perform inappropriately or lack experience, but it's crucial to note that they are the minority.
I want to make it clear that I will not discredit or disparage the majority of our nation's hardworking men and women who wear uniforms or dress in civilian clothing as part of their routine profession as first responders. I would like to express my gratitude to those who have chosen the honorable career path in law enforcement at any level, whether city, county, state, or government, for your daily bravery and dedication in protecting us from danger and harm and ensuring security in our communities.
As a former career law enforcement veteran and current polygraph examiner, I can provide factual insights into these matters. In real-life situations, lie detection or polygraph testing conducted by experienced, advanced-certified, and qualified examiners serves practical purposes in specific contexts and important life matters. The same applies to experienced investigators who meticulously investigate the crimes they are assigned, as well as individuals brought to them as persons of interest and those arrested as potential suspects of the crime.
Allow me, as an Advanced Board-Certified Polygraph Examiner and nationally recognized expert, to guide you through the lie detector/polygraph exam process in the event of an investigation into any criminal allegation against you, with the understanding that you are innocent.
This sheds light on how and why innocent individuals can have their lives drastically affected, turned upside down, and potentially ruined during an investigation. It also contributes to the skepticism and dissatisfaction towards the law enforcement community and what some view as a ‘fractured justice system.’
You have seen headlines like these repeatedly on TV, social media, and in the news:
“A man walked free after serving 33 years, wrongly convicted of attempting to murder a group of high school students in Los Angeles.”
“A man was freed after serving 20 years, wrongly convicted of child molestation.”
“In New York, a man was released after serving 18 years for a murder he was falsely identified for through a photo lineup by police.”
“In Michigan, a man was set free after serving 38 years for arson; he passed a polygraph test, and a witness testified that she had lied.”
If this does not send chills up and down your spine, then you are a cold-blooded individual to whom nothing affects. But please, put yourself in the shoes of these individuals and imagine what it must have felt like to know they were innocent and sentenced unjustly. Now, if that were you, how would you feel?
Understanding Law Enforcement Dynamics
Before I begin to help inform each of you, it's crucial to acknowledge the broader context surrounding law enforcement and the criminal justice system. Any profession, including law enforcement, consists of individuals with varying levels of skill, dedication, and ethics. While the majority of law enforcement professionals are dedicated to public service, safety, and upholding the law, there are instances where some may fall short of expected standards. This can be attributed to factors such as lack of training, poor judgment, quick judgment, pressure from immediate superiors, a desire to impress others, personal goals, and many other reasons.
Recognizing and addressing these issues is vital for maintaining public trust and ensuring the integrity of law enforcement agencies throughout the country on any level: country, city, state, or government. Accountability mechanisms, ongoing training, and oversight play significant roles in preventing and addressing misconduct within any organization. Constructive discussions aimed at improving law enforcement practices, promoting transparency, and enhancing community-police relations are essential for the continuous improvement of the criminal justice system.
It's important to emphasize that the majority of law enforcement professionals are dedicated and hard-working individuals who genuinely contribute to resolving important matters within our society. However, it's equally important to hold those who engage in harmful behavior accountable without unfairly punishing the good ones for the actions of a few.
The Lifelong Impact of False Accusations
You've likely seen documentaries and news segments featuring individuals accused of heinous crimes, undergoing investigations, and possibly facing charges or even sentences. The repercussions of flawed investigative work in such cases are profound and can last a lifetime. Beyond the physical confines of incarceration, the emotional and psychological toll on those falsely accused is immeasurable. Today, there are innocent people in prison who have been let go after relentless efforts by outstanding attorneys, diligent private investigators, and the emergence of new evidence. However, the question remains: are these individuals truly free after enduring false accusations, interrogations, charges, and sentences? The resounding answer is a resounding NO.
Those wrongfully accused often struggle with years of trauma and suffering, which can lead to conditions such as Post-Traumatic Stress Disorder (PTSD) that haunt them for a lifetime. Their lives can dramatically shift from happiness and freedom to the terrifying reality of being under investigation for a crime they did not commit, facing the prospect of having their freedom stripped away indefinitely. Errors within the criminal justice system, whether stemming from flawed investigations, misconduct, or other factors, not only inflict direct harm on innocent individuals but also erode public trust in the system itself. In some cases, these individuals become so lost that they turn to drug use, alcoholism, or back to criminal behavior to cope with their inner turmoil, all stemming from the initial trauma of being falsely convicted.
Now, for those hardcore hardliners who don’t care or say, 'Well, those individuals had a bad rap sheet before the issues, and that’s what made them who they are,' the real answer is that maybe a few had criminal arrest records before their wrongful or false incarceration. These criminal charges could have ranged from misdemeanors to possible felonies. However, their past should not have biased the investigator's approach to the actual crime at hand, although it most likely did.
Efforts to prevent wrongful convictions, improve investigative practices, and fortify legal safeguards are imperative for upholding the integrity of the criminal justice system. These endeavors are vital in ensuring that justice is served, innocent lives are protected, and public confidence in the system is restored. Today, there are many avenues available to help those who have been wrongly and falsely convicted, such as the Innocence Project (where attorneys work on the client’s behalf without charging them) and organizations like the American Civil Liberties Union (ACLU), among others.
A Closer Look at Wrongful Convictions
Now, I’m going to ask you to please take a moment to reflect on the challenging experience faced by those who have been falsely accused, whether it's yourself, someone you know, or anyone else. It could be as seemingly insignificant as being wrongly blamed for a minor theft within your family or accidentally breaking something in your home, to as serious as being accused of infidelity by a partner or even a heinous criminal act.
Picture this: You wake up to a new day, breathing in the fresh air, and going about your daily routine. Suddenly, you find yourself in the wrong place at the very wrong time, stopped and confronted by your local law enforcement. Whether they ask you to come down to the station or a federal office building, the shock of false accusations can be disorienting and overwhelming.
In an instant, your life is flipped upside down as you find yourself thrust into an unexpected situation. Questions race through your mind like a whirlwind: Why me? What have I done to deserve this? How can I possibly prove my innocence? The emotional and mental turmoil of facing false accusations can be utterly devastating, leaving you struggling to make sense of the storm of thoughts and emotions.
You reassure yourself, 'I know I didn't do anything wrong, so they must need my help or someone close to me is in trouble. They're going to tell me something bad very soon.' Your stress levels soar through the roof as they place you into a room, and you wait, seconds ticking by like hours. Thoughts begin to creep and flood into your mind, racing to every small thing that you did and never got caught for. Did I forget to report an accident? Could it involve my brother, sister, or wife? Perhaps it's related to my neighbor, with whom I've had disagreements. Every possibility now dances through your head, fueling the anxiety. You ask yourself, 'What could it be? I know I did nothing that would cause me to get arrested.'
The investigator (or investigators) enters the room with you. They ask if you are okay. You respond with a tentative 'yes,' not wanting to appear impolite, but you admit that you're scared, worried, and nervous. The investigator then asks if you know why you're there. You reply with a hesitant 'no.' They press further, asking if you're sure. You then suggest potential reasons based on scenarios that ran through your head while waiting. The investigators deny each possibility until they finally reveal the reason for your presence – They tell you the accusation of a serious crime such as murder, rape, kidnapping, child sexual abuse, robbery, or drug sales. You exhale in relief, knowing you're innocent of such allegations.
The emotional rollercoaster of relief from realizing the accusation isn't what you initially feared, mixed with the ongoing stress of being falsely accused, creates a complex and challenging situation. It's not uncommon for individuals in such circumstances to experience a range of emotions, including confusion, anxiety, frustration, and sometimes even anger at the false allegations. You confidently assert your innocence, firmly stating that they've got the wrong person, but your confidence wavers when they present what they believe to be incriminating evidence. You're taken aback - you assumed that proclaiming your innocence would suffice, but the investigators remain resolute in solving the case, leaving you branded as their prime suspect.
After hours of relentless questioning, your anxiety peaks and you’re even more scared now. You gain the courage to request water or a bathroom break, which they comply with. As you wait alone, the minutes drag on like hours until they return, probing if you're ready to confess to the alleged crime. Firmly maintaining your innocence, you deny any involvement. Yet, the interrogation persists for another hour or two.
Finally, one of these scenarios happens:
You propose to take a polygraph, but you may be denied for several reasons. The department may not have an examiner available, and they would need to call one in from another jurisdiction or state agency, which could take too long and result in you not getting one. Alternatively, they may simply dismiss the idea, laughing it off and saying they don’t conduct those tests there.
The investigator proposes a lie detector test, and without hesitation, you agree. Why? Because you have nothing to hide and believe in the test's ability to prove your innocence. You feel that passing the test could mean you’re released from the interrogation, and they won't hesitate to set you free.
Here is the question no one asked when offered the polygraph by the agency or department: “Is this examiner I am about to see experienced?”
Alone once more, you enter the polygraph examination room, your nerves on edge. The examiner, briefed on the details of your case by the investigators, awaits. But a lingering question bothers you: What did those investigators tell the examiner about you? Is the examiner biased?
After completing the necessary paperwork and conversing with the polygraph examiner, you are asked the pivotal questions: Did you do it? Are you the one who did it? Do you know who did it? Your responses to these questions are resolute: NO, NO, and NO. With the examination concluded, you return to the room to await the results. Expecting negative results and the possibility of heading home, you're caught off guard when the investigators return with unexpected news: you've failed the exam. Shock and disbelief flood your mind. How could this happen? The investigators persist with their interrogation, leaving you in a state of uncertainty. Eventually, a decision is reached - you're either charged or released with a promise of further communication or investigation into the matter.
In the event that you are not given a polygraph and you are charged, seek legal advice and assistance immediately. Should you be released, still seek legal advice and arrange a polygraph examination on your own from a well-experienced and highly advanced polygraph examiner
In the event of charges being pressed, your journey takes a grim turn. You're taken to booking, granted a single phone call, and await your appearance before a judge, hoping for a resolution. However, the persistent uncertainty casts a shadow over your once-normal life; now, it begins to unravel, leaving your life in absolute shambles.
Factors That Contribute to Wrongful Convictions
Throughout my career as a career investigator and polygraph examiner, I've witnessed this scenario unfold numerous times, although never under my supervision or through my investigations or examinations. It often requires me to retest individuals to prove their innocence due to inexperienced examiners, poor chart interpretations, or inadequate investigations.
This recurring issue is a result of various factors, including the lack of experience among some polygraph examiners, investigators' tunnel vision, and the pressure from supervisors to resolve cases quickly. External pressures such as media scrutiny, pressure from victim families, peer pressure within investigative teams, and the human desire for immediate closure also play a role.
These circumstances often lead to rushed judgments, with a focus solely on immediate evidence rather than exploring alternative clues or information. There are instances where investigators are not suited for the case or their input is not given due consideration by others. Verification of witnesses and their stories or motives is not always thorough. In some cases, inexperienced examiners are quickly chosen due to the unavailability of seasoned professionals, leading to immense pressure to deliver prompt results. Additionally, the lack of quality control worsens the situation, leaving little room to question inconclusive results or whether a subject truly failed the examination. Sometimes, investigators may even manipulate their own versions of results to see if they can get confessions.
Many questions arise, fueling the public's negative perception of the justice system. From my perspective, there is a distinction between the legal system and the justice system. The legal system operates during the arrest or investigation phase, where legal procedures are followed. However, true justice is only achieved in the courtroom, where evidence is presented and a sentence is handed down. The quality of evidence presented plays a crucial role in determining the outcome, whether it's based on excellent investigative work or flawed procedures. It's important to remember that wrongful convictions often stem from false testimony, poor investigative work, lack of substantial evidence, unverified witness testimony, rushed investigations to close cases, and biased opinions leading to arrests.
Taking Control of Your Narrative
When you are accused of anything in life, whether by individuals or law enforcement, remember that you have the right to consult and write your own story to your life’s chapter. Don't allow others to determine the outcome of your story or dictate your life's path, for the ending may be totally opposite from what you expected and desired. Take control and advocate for yourself and your life.
Request for another expert advanced polygraph examiner with a proven track record of success working with professional attorneys and winning cases for years. Additionally, ensure they have experience working with social services, physicians, and various other professionals who can attest to their reputation and integrity. Take the time to thoroughly review the examiner’s credentials and read their reviews. Don't hesitate to seek multiple opinions, especially if your freedom depends on it. If circumstances prevent you from doing this yourself, have your family to work diligently in finding a qualified examiner.
Ask the investigators or have your attorney ask the questions: Did the witnesses get properly vetted and verified for truthful statements? Witness statements are often made with personal benefits in mind and may not be thoroughly verified. It's crucial to gather your own witnesses as no one else will. Do everything possible if you are truly innocent of any allegations against you.
Always remember this: The allegation against you can have a lasting impact on your life and the lives of those around you. Are you willing to risk a wrong or inaccurate result from a less experienced examiner, whether you hired them or were given an exam by them? Or are you willing to find an experienced examiner who can ultimately save your life, secure your future, and have a positive impact that lasts a lifetime? It's always going to be your choice, and you may regret it later.
Contact Executive Protection Group Polygraph Service for all your closure needs, whether related to personal, professional, or legal matters.
Take that pivotal step towards peace of mind by connecting with the nation's top-rated polygraph examiner, Mr. David Goldberg.
Executive Protection Group Polygraph Service specializes in comprehensive and confidential polygraph examinations, serving clients in Hampton Roads: Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Suffolk, Hampton, and beyond. Led by Mr. David Goldberg, a Virginia State Licensed Advanced Board-Certified Polygraph Examiner with over 22 years of experience, our commitment is to deliver immediate, reliable, and accurate results. Our mission is clear: to eliminate doubts and ensure you find the closure you deserve to move forward in your life.
To explore how we can assist you further, review our polygraph services or call Executive Protection Group Polygraph Service today to schedule your polygraph examination.
