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re: New Netflix docu-series "Making a Murderer" (Spoilers)

Posted on 1/20/16 at 1:32 pm to
Posted by buckeye_vol
Member since Jul 2014
35381 posts
Posted on 1/20/16 at 1:32 pm to
quote:

so they weren't admitted as evidence.
I was under the impression that polygraph testing is inadmissible anyways.

And even if it is admissable, we know that it is so unreliable that it is essentially pseudo-science
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
70096 posts
Posted on 1/20/16 at 1:36 pm to
quote:

I was under the impression that polygraph testing is inadmissible anyways.

And even if it is admissable, we know that it is so unreliable that it is essentially pseudo-science





It is admissible if the judge rules it to be admissible. And btw, polygraphs are not "so unreliable that it is basically pseudo-science", they are actually very reliable and accurate, when administered by an accredited examiner. They are not however, infallible.
This post was edited on 1/20/16 at 1:38 pm
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 1/20/16 at 1:52 pm to
I'm going off of hearsay and stuff I probably heard on TV, but I also think certain personalities can "beat" lie detectors. A true sociopath will not have the same physical reaction when lying that the system picks up. So like you said, they are accurate, but not infallible.


quote:

I'd guess the kid did this, bc self loathing, dumb, for attention, didn't care about living in prison, his uncle did 18 yrs, and it's probably not much different then living in the Avery trailer park.
I think he looked at his future and knew he didn't really have one.


In regards to this, I think he did it because it was truly too stupid to realize what was going on. I think he thought he would get in trouble if he didn't say those things. I think he thought that when they said "tell the truth", he had to say those things or he would be in trouble. Especially when they interview him after his lawyer's investigator interviews him. They blatantly go after the, "you aren't telling us the truth. Do you want us to tell your mom that you aren't telling the truth?". I think that he truly felt he would get in trouble and said what they wanted to hear. And told his mom the same story over the recorded phone call so that he wouldn't get in trouble when the investigators "told her he was lying". I truly feel it's as if you were dealing with a 9 year old.
This post was edited on 1/20/16 at 2:00 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
130247 posts
Posted on 1/20/16 at 1:54 pm to
quote:

It is admissible if the judge rules it to be admissible.


Which they are virtually never ruled to be. For good reason.
Posted by mizzoubuckeyeiowa
Member since Nov 2015
39417 posts
Posted on 1/20/16 at 1:56 pm to
quote:


I'm obviously not a legal expert, nor do I know shite about administering lie detector tests, but if the results of a polygraph test are 98% conclusive, why should they not be admitted as evidence?



"The question of whether polygraphs work was settled long ago"

"There's no evidence whatsoever that the things the polygraph measures — heart rate, blood pressure, sweating, and breathing — are linked to whether you're telling the truth or not," says Leonard Saxe, a psychologist at Brandeis University who's conducted research into polygraphs.

In an exhaustive report, the National Research Council concluded that "Almost a century of research in scientific psychology and physiology provides little basis for the expectation that a polygraph test could have extremely high accuracy."

This isn't exactly breaking news: Saxe's 1983 report for Congress ended up leading to a nationwide ban on private employers giving polygraph tests to employees, and a 1998 Supreme Court decision banned use of polygraphic evidence in federal courts because "there is simply no consensus that polygraph evidence is reliable."

A polygraph test, in essence, measures one thing: anxiety.

"All these physiological measures are simply associated with fear and anxiety," Saxe says. "And people are anxious, sometimes, when they're telling the truth, and they can be not anxious, sometimes, when they're lying. The more practiced you are at lying, the less anxiety is associated with it."

When accused of an actual crime, many people understandably become anxious, even if they're innocent.

But American law-enforcement agencies continue to use them, despite what critics claim is a lack of evidence that they actually work.

"it doesn't matter whether the test actually works, just that it's perceived as effective"

"If the examiner does the interrogation theater well, and tricks the subject into believing that his or her lies can de detected, they might confess," he says.


Why does this apparently flawed technology refuse to die? Partly it’s our fascination with gadgets: “We use technology for so much nowadays that it would make sense to apply it to lying. And it would be great if it worked. But it would have been great in the Fifties, too; it didn’t work then, and it doesn’t work now,” says Prof Wiseman. And yet enthusiasts and pressure groups keep pushing it?


It's akin to a simple blood pressure reading...every time you go to the doctor, it can be different, and higher if you're nervous about being at a Doctor's office, if your feet aren't firmly planted on the ground, if you have problems in your life or if you just have natural anxiety as part of your normal person.
This post was edited on 1/20/16 at 2:00 pm
Posted by buckeye_vol
Member since Jul 2014
35381 posts
Posted on 1/20/16 at 2:06 pm to
quote:

they are actually very reliable and accurate, when administered by an accredited examiner.
Yet, even the biased supporters reports their accuracy at 90%, while scientists and critics put it much lower.

Regardless, even in the best case scenario that is not considered a viable level of accuracy.
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18406 posts
Posted on 1/20/16 at 2:13 pm to
quote:

It is admissible if the judge rules it to be admissible. And btw, polygraphs are not "so unreliable that it is basically pseudo-science", they are actually very reliable and accurate, when administered by an accredited examiner. They are not however, infallible.




Polygraph exams are very inaccurate my friend. All polygraphs do are monitor blood pressure, heart rate, respiration, and skin activity. All of that can fluctuate dependent on the scenario one is put in.
Posted by brmark70816
Atlanta, GA
Member since Feb 2011
11377 posts
Posted on 1/20/16 at 2:15 pm to
Let me ask this, if you believe that Avery did it, wouldn't you have to also believe that Dassey was involved? He changed his story alot. But wasn't he with him a good deal of that afternoon and evening? I don't see how you can separate the two.
Posted by buckeye_vol
Member since Jul 2014
35381 posts
Posted on 1/20/16 at 2:21 pm to
quote:

if you believe that Avery did it, wouldn't you have to also believe that Dassey was involved?
I'm not sure why you would.
quote:

But wasn't he with him a good deal of that afternoon and evening?
So guilty by association.
quote:

I don't see how you can separate the two
Because they are two seperate people, who may have spent time together, but we have no solid evidence of when and where it occurred. There is reasonable doubt that Steven did it; that is about the upper bound of evidence against Brendan.
This post was edited on 1/20/16 at 2:24 pm
Posted by brmark70816
Atlanta, GA
Member since Feb 2011
11377 posts
Posted on 1/20/16 at 2:26 pm to
To an extent. We're not on the jury, so its all just opinion. But the timing is right on top off each other. I don't see where one would be without the other.
Posted by buckeye_vol
Member since Jul 2014
35381 posts
Posted on 1/20/16 at 2:30 pm to
quote:

But the timing is right on top off each other.
Are we really arguing person's guilty based on some less than perfect correlation of time with another person and in regards to a crime that has no exact timeline?
quote:

I don't see where one would be without the other.
That's absolutely terrifying that you can't seperate the two.
Posted by Cooter Davenport
Austin, TX
Member since Apr 2012
9006 posts
Posted on 1/20/16 at 2:41 pm to
quote:

And btw, polygraphs are not "so unreliable that it is basically pseudo-science", they are actually very reliable and accurate, when administered by an accredited examiner.


No they're not.

Polygraphs are a bait-and-switch routine. The "machine" isn't putting those readings through an algorithm or displaying them in a manner that makes it possible to determine if a person is lying. It hasn't even been established for certain what lying definitely looks like in the output or if a person's honesty can be determined by the measurements it is taking in the first place.

The function of the polygraph machine itself as an object is in establishing the whole rouse that there is such a machine. Getting the person taking the "test" to believe in the machine is the whole key. Then, how they use it is, regardless of whatever garbage it spits out, they tell the subject "Hey, you failed. The Machine says you lied." They tell everyone they failed to see what they will say. At that point, they're hoping that if you are lying and you believe in the machine you will think you are caught and fess up. That's the whole game. It's just a trick.
This post was edited on 1/20/16 at 2:44 pm
Posted by Prettyboy Floyd
Pensacola, Florida
Member since Dec 2013
16726 posts
Posted on 1/20/16 at 3:17 pm to
quote:

I'm never gonna be convinced of their innocence.


So you don't believe in science or DNA evidence? DNA evidence found that none of the 3 had any DNA involved with the 3 boys. Not one shred of physical evidence and a confession from a borderline retard is what convicted them in the first place. They found DNA evidence not belong to the 3 victims that was consistent with hair from one of the boys step fathers who had a very shaky past to say the least. He also had a knife with blood on it that was consistent with one of the boys. Now, as for whether that guy did it....he did pass a poly. As for the three....They didn't do it. No way
Posted by dpd901
South Louisiana
Member since Apr 2011
7899 posts
Posted on 1/20/16 at 4:47 pm to
Everyone who watches Making A Murderer comes away thinking there was fishy business and certainly seems like there was "reasonable doubt" as to both Avery and Dassey's guilt.

From there, people react to the stimuli in two different ways based on their biases:

Person A wants to beleive that power is corrupt and the game is rigged. They got all they need to know from watching the doc and they firmly beleive Avery is innocent and nothing.. Up to and including a confession from Avery would ever change thier mind. It would be an interesting study to know this type of person's thoughts on other conspiracy theories. If I had to guess, I bet they beleive in JFK conspiracy and others. I'd also bet the are folks content to source their news only from sources that match their political persuasion.

Person B watched the doc and while bothered by the evidence supporting police corruption, dug further. They read additional articles from different sources. Once having done so, it's pretty hard to believe that Avery didn't kill this woman, and that Dassey took part. There is tons of evidence not shown in the documentary that would be almost impossible to refute clearly pointing to these guys being guilty. Type B person is I'd wager on average more skeptical of conspiracy, probably less politically rigid and demands extraordinary evidence before subscribing to any particular belief.


Just an observation.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
95637 posts
Posted on 1/20/16 at 4:55 pm to
quote:

if you believe that Avery did it, wouldn't you have to also believe that Dassey was involved? He changed his story alot. But wasn't he with him a good deal of that afternoon and evening? I don't see how you can separate the two.


I've thought about this. I've been adamant that the Averys/Dasseys - members of this single-branch family tree ( to steal a phrase from Brendan's first attorney's investigator) did this. So, believing 1 did it doesn't necessarily mean that I have to believe they all did it. Steven had about 3 hours to do what he did before Brendan came over. I think they definitely gathered up debris to feed the fire, but her body may have been obscured at that point.

What I can't believe is that anyone home when he started burning the body wouldn't notice it. But, since he burned rubber tires/plastic garbage and the like, that may have covered the burnt flesh smell.

Brendan appears really suggestible. That allows me to believe he may have done it, then been talked into recanting. But it also leads me to believe he could have been coaxed into confessing with snippets of facts that the cops picked up from the investigation.

And no question they did not seriously work to eliminate other suspects, once they locked in on Steven Avery.
Posted by BRIllini07
Baton Rouge, LA
Member since Feb 2015
3206 posts
Posted on 1/20/16 at 5:06 pm to
quote:

Person A wants to beleive that power is corrupt and the game is rigged. They got all they need to know from watching the doc and they firmly beleive Avery is innocent and nothing.. Up to and including a confession from Avery would ever change thier mind. It would be an interesting study to know this type of person's thoughts on other conspiracy theories. If I had to guess, I bet they beleive in JFK conspiracy and others. I'd also bet the are folks content to source their news only from sources that match their political persuasion.

Person B watched the doc and while bothered by the evidence supporting police corruption, dug further. They read additional articles from different sources. Once having done so, it's pretty hard to believe that Avery didn't kill this woman, and that Dassey took part. There is tons of evidence not shown in the documentary that would be almost impossible to refute clearly pointing to these guys being guilty. Type B person is I'd wager on average more skeptical of conspiracy, probably less politically rigid and demands extraordinary evidence before subscribing to any particular belief.



Person C: Believes that there was sufficient evidence shown in the documentary to believe that neither the Avery or the Dassey trial should have landed a conviction based on how our criminal justice system is theoretically designed (burden of proof is on the state, innocent until proven guilty, etc...). Avery may have committed that crime, but that's a separate discussion from how the investigation was conducted and trialed.
Posted by buckeye_vol
Member since Jul 2014
35381 posts
Posted on 1/20/16 at 5:22 pm to
quote:

Just an observation.
So in all the possible conclusions and reasons for coming to the corporations conclusion, you've somehow narrowed it down to to types:

A. The conspiracy theorist who concludes innocence.

B. The empathetic, yet objective, critical-thinker who concludes guilt.

So observational skills and logical-reasoning regarding a very complex issue, that has no evidence to make a definitive decision one way or another, lead you to such an exteme black-and-white conclusion.

My conclusion is that you exhibited very poor observational skills and logical-reasoning. In other words, your conclusions are pretty ignorant.
Posted by mizzoubuckeyeiowa
Member since Nov 2015
39417 posts
Posted on 1/20/16 at 5:27 pm to
Yeah your link is just pure opinion, probably written by a former cop or ADA.

The WM3 were "arrested bc of solid police work."

They "were arrested bc they were murderers" - really, isnt that up for a jury to decide? You arrest people on suspicion and then you hope to allege

That whole article is "every book and doc alleging their innocence is a lie bc I say so"
Posted by Big Scrub TX
Member since Dec 2013
39856 posts
Posted on 1/20/16 at 5:29 pm to
quote:

The Colburn guy is the one that escorts both Dassey and Avery out of the court room in the last episodes after they are convicted. How in the frick is that guy allowed to do that? They don't have enough police officers available to assign someone else to do that instead of someone so closely tied to the case? That to me was a big "frick you, we are going to do what we want".



Not only that - keep in mind the trial wasn't even in Manitowoc County.
Posted by brmark70816
Atlanta, GA
Member since Feb 2011
11377 posts
Posted on 1/20/16 at 5:33 pm to
quote:

My conclusion is that you exhibited very poor observational skills and logical-reasoning. In other words, your conclusions are pretty ignorant.


Why are trying to pick fights with everybody? This is the 3rd or 4th person you have straight out called ignorant and you are just coming off as a douche now. People don't agree with you, get over it. You keep pounding reasonable doubt like it isn't a subjective/personal thing. But it is. I respect your opinion and I see faults in some of my own. Doesn't mean you should be hammering and snipping people the way you are.
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