Polygraph in Family Court
An article by Kenneth Blackstone
Allegations of child molestation and abuse are often described
as the perfect weapon in divorce and subsequent child custody
disputes and have been identified as an epidemic in the family
court system. Allegations appear in different forms -- some allegations
are based on fact; some are made maliciously; some are made out
of genuine concern for the child or children; and some allegations
are a mixture of truth, deception, misconception, and panic. Some
allegations are very specific and some are quite vague, but they
always have a tremendous impact on the Court. The most straightforward
and accurate means available for determining what is and what
is not fact is a polygraph examination conducted by an objective
and experienced polygrapher.
Cases are sometimes referred to me as part of a psychosexual
evaluation, sometimes as part of a child protective services investigation,
sometimes by a guardian ad litem, sometimes by the private attorney
of the accused, and sometimes by the Judge. As an examiner I have
conducted numerous examinations to determine the veracity of allegations
that emerge in family court and have tested the accused, the estranged
spouse/outcry witness, and the alleged victim. As an expert witness
I have been deposed and have testified in court about tests that
I have administered and about tests that I have reviewed for another
professional. My testimony has been in support of the accuser
(plaintiff) and at other times in support of the accused (defense).
Polygraph examiners have standards and proven principles to follow,
and every minute of a polygraph examination should be videotaped
and available for review by another professional polygraph examiner.
Written reports should clearly describe materials reviewed prior
to testing, the protocol followed by the examiner, the research
that supports that protocol, and the test questions asked during
physiological measures. It has been my practice to review all
discovery materials available, especially forensic interviewing
of the alleged victim prior to the examination, and to describe
those materials in my written reports. Most reports will also
include a time-line that describes the relationship, the break-up
or argument, and the allegation and whether the allegation appears
to be true.
Kenneth E. Blackstone is a certified polygraph examiner and expert witness
regarding the proper use of polygraph in civil, clinical and criminal
testing settings concerning polygraph procedures used in the evaluation
of accusations of rape, kidnapping, homicide, child abuse, molestation,
sexual harassment, and shaken baby syndrome, and during sex offender
management and civil commitment proceedings. He has been involved
in more than 23,000 polygraph examinations and has conducted more
than 15,000 polygraph examinations.
Copyright © 2007-08 Kenneth E. Blackstone,
All Rights Reserved.
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