Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Federal prosecutor seeks ‘therapeutic polygraphy’ for sex offender

On Behalf of | Jun 21, 2017 | Internet Sex Crimes

In 2004, the American Psychological Association said that there’s “little evidence that polygraph tests can accurately detect lies.” There simply isn’t sufficient proof that the physiological responses measured by the so-called “lie detector” machine are actually caused by lying.

For that reason, the results of polygraph tests are received skeptically in the federal courts. Polygraph results can be admitted into evidence, but only as a matter of individual judges’ discretion.

So why is federal justice system using lie detectors as part of therapy?

That was one question before a federal judge in a recent case involving supervised release. In the federal system, supervised release takes place when inmates have served their time. Unlike parole, however, supervised release is not meant as punishment but “to facilitate the reintegration of federal prisoners back into the community,” as the Second Circuit Court of Appeals ruled recently.

In a hearing before a U.S. District Court in another state, however, a U.S. Attorney asked the court to order a defendant to accept “therapeutic polygraphy” as a condition of his release.

The man had just finished serving 18 months for possessing around 6,000 photos and videos found to be child pornography. He had already been ordered to undergo regular therapy, and his therapist said he was “forthcoming and engaged.”

The reason that wasn’t good enough, according to the Courthouse News Service, seems to be that the defendant insists there’s a relatively innocent explanation for his crime. He was innocently searching for Madonna’s song “Like a Virgin” when he came across the child pornography. Instead of finding it sexually arousing, however, he insists he found it “morbidly intriguing.”

The man’s feelings about the images has no bearing on his guilt, but the U.S. Attorney and a contract psychiatrist claim his explanation shows he hasn’t accepted true responsibility for the crime. They believe requiring him to take polygraph tests will break through his “denial and resistance.”

The defense sees it just the opposite way. While polygraphs are often seen in fiction, the defense psychiatrist points out, in reality they aren’t very accurate. As a matter of fact, 1 in every 5 people who takes a lie detector test will be wrongly marked as lying.

Mandating such a hostile-feeling and inaccurate test is more likely to break down the therapeutic relationship and undermine the very purpose of requiring therapy in the first place.

The hearing lasted three hours and will only determine whether this defendant must undergo the tests. The spotlight is on the federal system, however, as this judge weighs the utility of using polygraphy in the context of supervised release — or any legal context.

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)