Lie Detection
Rey Nino B. Abucay, RCrim, MSCJ, CSP, LPT
Top 3 CLE
Top 2 CSP
Top 1 PNP BRC
Polygraphy
It is scientific methods of detecting
deception done with the aid of a
polygraph instrument.
Polygraph
It is a device that continuously records
psycho-physiological arousal as assessed by
pulse rate, blood pressure, respiration rate,
and skin conductivity, which has been applied
to uncover deception.
Psychophysiology of Lying
The Central Nervous System (CNS) = is composed of the
brain and the spinal cord. All other nerve ways are within the
peripheral nervous system which separates into two: The Somatic
Nervous System and the Autonomic Nervous System.
A. Somatic Nervous System = is involved with voluntary comparative
over skeletal muscles
B. Autonomic Nervous System = involved those involuntary
physiological functions of the body and has considerable
psychological impact as well.
Two Divisions of Autonomic Nervous System
A. Parasympathetic Nervous System (PNS) - the house
keeping or braking system. It is responsible for conserving energy
and making sure necessary bodily functions. It restrains
sympathetic arousal and attempt to maintain homeostatic
(homeostasis) normal.
Homeostasis is complex interactive regulatory system by
which the body strives to maintain a state of internal equilibrium.
B. Sympathetic Nervous System (SNS) - is our emergency, or
action system. It is a system which causes the sudden and
dramatic change.
Hypothalamus is a series of groups of nerve cells of the brain
that control the entire endocrine-hormonal system.
TheFight,
3F’sflight, freeze are the three stereotypic behavioral
responses to threat, sometimes simply called F3. The physiological
responses concomitant to these behaviors are the same, namely
mobilizing bodily resources for an expenditure of energy, and
narrowing attention and focus to the features of the threat.
When the sympathetic nervous system is activated, it
immediately prepares the body for fight or flight by causing the
adrenal glands to secret hormones known as epinephrine and
norepinephrine and the blood will be distributed to those areas of
the body where it is most needed to meet the emergency.
Physiological arousal refers to a state of heightened activity within the
autonomic nervous system.
High levels of arousal bring on the so-called “fight or flight” response,
a reaction to threat and stress inherited from humans’ distant
mammalian forebears.
Athletes may experience physiological arousal through the distinctive
“charged-up” feel of adrenaline, increased flow of blood to skeletal
muscles, increases in heart rate and respiration, and so forth.
Polygraph
It was derived from the two Greek words
poly which means “many or having several”
and graph which means “writings.” Hence,
literally, polygraph means many writings.
Polygraph
Polygraphy (sometimes called scientific truth verification) refers
to the scientific method of detecting deception with the use of the
polygraph.
It is administered by a trained polygraphist, lie detector specialist
(LDS), forensic psychophysiologist (FP) or polygraph examiner (PE)
by asking questions to the subject relevant to the case under
investigation. The polygraph is commonly called as lie detector;
polygraph machine, deceptograph and truth verifier.
Polygraph
-** Not admissible as evidence because of:
Not standardized as to the qualifications of the examiner
Not standardized as to the test procedure; and
Not standardized as to instrumentation.
-However, if a lie detector subject confesses to the examiner during
examination, this confession can be admitted in court subject to the
provisions of the rules of evidence.
Polygraph Test
This refers to techniques applied or used by the
polygraph examiner in a particular polygraph examination.
Lie Detector Test
It covers all tests intended to detect deception and
verify truthfulness of an individual. It also refers to any test
conducted with or without instrument for as long as the
purpose is to know whether the subject is lying or not.
Methods of Detecting Deception
There are various methods of detecting lies and deceits. Lie
detection methods available today may be grouped in Three ways
(Llamas Jr., 2002).
It includes the following:
1. Cross-checking the information with: testimonies; physical
evidence; or any other existing information.
2. Psychological method – evaluation of the emotional,
behavioral and cognitive reactions of a person.
3. Interrogation and testing the credibility of a suspect’s statements
using the polygraph machine.
Methods of Detecting Deception
Cross
Checking of
Information
Methods of Detecting Deception
Psychological method
1. Methods involving the use of scientific devices that record
psychophysiological response:
A. Word Association Technique (WAT)
Lists of stimulus and non-stimulus word are read to the subject
who is instructed to answer as quickly as possible. The answers to the
question may be “yes” or “no”. Unlike the lie detector, the time
interval between the words uttered by the examiner and the answer
to the question is recorded.
1. Methods involving the use of scientific devices that record
psychophysiological response:
A. Word Association Technique (WAT)
When the subject is asked questions with reference to his
name, address, civil status, nationality, etc. which has no relation to
the subject-matter of the investigation, the tendency is to answer
quickly. But when the questions bear some words which have to do
with the criminal act the subject allegedly committed, like knife, gun
or hammer which was used in the killing, the tendency is to delay the
answer.
1. Methods involving the use of scientific devices that record
psychophysiological response:
A. Word Association Technique (WAT)
The test is not concerned with the answer, be it a “yes” or “no”.
The important factor is the time of response in relation to stimulus or
non-stimulus words. Like the use of the lie detector, the subject
cannot be compelled to be subjected to the test without consent.
1. Methods involving the use of scientific devices that record
psychophysiological response:
A. Word Association Technique (WAT)
– introduced by Francis Galton 1879
-The subject is given a long list of carefully selected stimulus words,
objects or pictures.
-The interval of answers and reactions toquestions is a hesitation an
indication oflie.
-**Not admissible as evidence because of the following:
a. Recidivist, b. Genius, c. Nervousness
1. Methods involving the use of scientific devices that record
psychophysiological response:
B. Psychological Stress Evaluation
When a person speaks, there are audible voice frequencies, and
superimposed on these are the inaudible frequency modulations
which are products of minute oscillation of the muscle of the voice
mechanism. Such oscillations of the muscles or micro tremor occur at
the rate of 8 to 14 cycles per second and controlled by the central
nervous system.
1. Methods involving the use of scientific devices that record
psychophysiological response:
B. Psychological Stress Evaluation
When a person I under stress as when he is lying, the micro
tremor in the voice utterance is moderately or completely suppressed.
The degree of suppression varies inversely to the degree of psycho
logic stress on the speaker.
1. Methods involving the use of scientific devices that record
psychophysiological response:
B. Psychological Stress Evaluation
The psychological stress evaluator (PSE) detects, measures,
and graphically displays the voice modulations that we cannot hear.
When a person is relaxed and responding honestly to the
question, those inaudible frequencies are registered clearly on the
instrument. But when a person is under stress, as when he is lying,
these frequencies tend to disappear.
Basic Procedure
1. The examiner meets the requesting party to determine the
specific purpose of the exanimation and to begin formulation of
relevant questions.
2. A pre-test interview is conducted with the subject to help him or
her feel at ease with the examiner, to provide an opportunity to
specify matters, to eliminate outside issues, and to review
questions that will be asked.
Basic Procedure
3. An oral test of about 12 to 15 “yes” or “no” questions is given which
is recorded on a tape recorder. The questions are a mixture of
relevant an irrelevant question.
4. Immediately following the test or are a late time, the tape is
processed through the Psychological Stress Evaluator for analysis of
answer.
5. If stress is indicated, the subject is given authority to provide
additional clarification. A retest is given to verify correction and
clarification.
Advantages of Psychological Stress
Evaluator over the Lie Detector Machine
1. It does not require the attachment of sensors to the person being
tested.
2. The testing situation need not be carefully controlled to eliminate
outside distraction
3. Normal body movement is not restricted.
2. Methods involving the use of substances that “inhibit
the inhibitor”
A. Administration of “truth serum”
The term “truth serum” is a misnomer. The
procedure does not make someone tell the truth and
the thing administered is not a serum but is actually a
drug.
2. Methods involving the use of substances that “inhibit
the inhibitor”
A. Administration of “truth serum”
In the test, hyoscine hydro bromide is given hypodermically in
repeated doses until a state of delirium is induced. When the proper
point is reached, the questions truthfully. He forgets his acts or may
even implicate others.
2. Methods involving the use of substances that “inhibit
the inhibitor”
A. Administration of “truth serum”
TRUTH SERUM– introduced by Dr. Eduard Mandel House-
Administering of a drug e.g Byosine Hydrobromide (relaxing of
muscles)
-**Not admissible as evidence because the drug has destroyed
temporarily the brain, power of reasoning
B. Narcoanalysis or Narcosynthesis
This method of deception detection is practically the same as
that of administration of truth serum. The only difference is the drug
used. Psychiatric sodium amytal or sodium pentothal is administered
to the subject. When the effects appear, questioning starts. It is
claimed that the drug causes depression of the inhibitory mechanism
of the brain and the subject talks freely.
B. Narcoanalysis or Narcosynthesis
The administration of the drug and
subsequent interrogation must be done by a
psychiatrist with a long experience on the line.
Like the administration of truth serum, the result
of the test is not admissible in court.
C. Intoxication with alcohol
The apparent stimulation effect of
alcohol is really the result of the control
mechanism of the brain, so alcohol, like
truth serum, and narcoanalytic drugs
“inhibit the inhibitor”.
C. Intoxication with alcohol
The ability of alcohol to reveal the real person
behind the mad which all of us are said to wear
(“mask of sanity”) is reflected in the age-old
maxim, “In vino veritas” (“In wine there is truth”).
(Pathology of Homicide by Lester Adelson,
Charles Thomas, 1974, p. 895).
C. Intoxication with alcohol
3 kinds of alcohol:
Methanol – GAS
Isopropyl – ALCOHOL
Ethanol – DRINKING (Hard [distilled] – 35%and
above and Light [fermented] 15% and below)
-** Not admissible as evidence because of the
involuntary confession of the subject while
intoxicated
3. Hypnosis
It is the alternation of consciousness and concentration in which the
subject manifests a heightened of suggestibility while awareness is
maintained. Not all persons are susceptible to hypnotic induction. The
hypnotic state is characterized by:
a) That it is a comfortable state or complete relaxation in which the
subject will readily and willingly to cooperate in every way with the
hypnotizer.
b) That it is not actually a sleep.
c) That the subject will do whatever he is told to do.
d) That the hypnotizer will not order him to do anything injurious.
e) After the test, the subject will wake up with feeling of comfort and
refreshment.
The result of this method is not acceptable in court due to the following reasons:
a) It lacks the general scientific acceptance of the reliability of hypnosis
per in ascertaining the truth from falsity.
b) The fear that the truer of fact will give uncritical and absolute
reliability to a scientific device without consideration of its flaw in
ascertaining veracity.
c) The possibility that the hypnotized subject will deliberately fabricate.
d) The prospect that the state of heightened suggestibility in which the
hypnotized subject is suspended will produce distortion of the fact
rather than the truth.
e) The state of the mind and professionalism of the examiner are too
subjective to permit admissibility of the expert testimony.
4. Scientific Observation
A good criminal investigator must be keen observer and a good
psychologist. A subject under stress on account of the stimulation of
sympathetic nervous system may exhibit changes which may be used
as a potential clue of deception.
And since just one or a combination of the following signs and
symptoms is not conclusive or a reliable proof of guilt of the subject,
their presence infers further investigation to ascertain the truth of the
impression.
5. Scientific Interrogation
A. Computerized Voice Stress Analysis
It uses only a microphone plugged into the computer to
analyze the subject's responses. As the subject speaks, the computer
displays each voice pattern, numbers it and saves each chart to file.
Unlike the polygraph, drugs do not affect the results of the exam and
there are no known counter-measures that will cause the ubiquitous
"inconclusive" results associated with the polygraph.
5. Scientific Interrogation
A. Computerized Voice Stress Analysis
Micro tremors are tiny frequency modulations in the human
voice. When a test subject is lying, the automatic, or involuntary
nervous system, causes an inaudible increase in the Micro tremor's
frequency. The CVSA detects, measures, and displays changes in the
voice frequency.
A state-of-the-art computer processes these voice frequencies
and graphically displays a picture of the voice patterns. The CVSA is
not restricted to "yes" and "no" answers and is able to analyze
accurately, tape recordings of unstructured conversations.
Computerized Voice
Stress Analysis
B. Brain Scanning
1. Functional magnetic resonance imaging (fMRI)
measures the small changes in blood flow that occur with
brain activity. It may be used to examine the brain's
functional anatomy, (determine which parts of the brain
are handling critical functions), evaluate the effects of
stroke or other disease, or to guide brain treatment.
fMRI may detect abnormalities within the brain that cannot
be found with other imaging techniques.
B. Brain Scanning
1. Functional magnetic resonance imaging (fMRI)
B. Brain Scanning
2. Brain Waves have been used in neurophysiology for decades to
uncover processes in the brain. One type of brain waves called
Event-Related Potentials (ERPs) is of potential interest in lie
detection. ERPs are recorded by sensors placed on the scalp and can
reveal the timing and general location of electrical activity in the
brain elicited by the presentation of sounds, words, text and pictures.
It has been shown that the ERPs can reveal whether an individual
has guilty knowledge of crime related information when it is placed
in a list of other information that is unrelated to the crime.
B. Brain Scanning
2. Brain Waves
C. Iris Analysis
A. Eye Tracking. The pattern of a person's eye movements
over an has image can reveal whether the person has seen
the images before. This is especially true for photos of faces,
but has also been shown for pictures of scenes.
Movement of the eves can be monitored by illuminating
them with an eye-safe infrared light which creates a
reflection that can be detected by a special camera.
C. Iris Analysis
A. Eye Tracking.
A software triangulates the reflection to calculate
where the eyes are focused on an image, and tracks
the focal point as the eyes move. Specially designed
algorithms use the eye movement information to
determine whether the image is familiar or unfamiliar.
C. Iris Analysis
A. Eye Tracking.
Research has found accuracy above 85% for recognition of
familiar faces, with lower accuracy for other types of stimuli.
While the technology is non-contact, the rigorous testing
protocol limits its usefulness in a covert capacity.
This technology is approaching maturity and may be
available to law enforcement agencies in the near term.
C. Iris Analysis
A. Eye Tracking.
As scientific lie detection methods are usually applied to resolve legal matters, the
field of lie detection is now included a one area of forensic science. Forensic lie detection is
better known in the academe as FORENSIC PSYCHOPHYSIOLOGY. The most popular field
of forensic psychophysiology is the polygraph method. According to Dr. William J. Yankee
from the Department of Defense Polygraph Institute (DoDPI) in the United States,
polygraph examination is one of the most complex psychophysiological examinations ever
developed. (Matte 1996) In advance countries, the following are preferred descriptions of lie
detection through polygraph examination.
A. Psychophysiological veracity examination (PVE)
B. Psychophysiological detection of deception (PDD)
C. Psychophysiological credibility assessment (PCA)
DETECTING DECEPTION AND ELICITING TRUTH
a) One role of the polygraph test is to help elicit admissions from
people who believe, or are influenced to believe, that it will
accurately detect any deception they may attempt.
b) Another role of the polygraph is to test cooperation with an
investigative effort.
c) A third role of the polygraph test is to influence the conduct of a
polygraph interview.
d) Finally, polygraph chart readings may be used directly to make
inferences about truthfulness or deceptiveness.
THE FOUNDATION OF POLYGRAPH TECHNIQUES
Theory and concept
The polygraph technique uses the principle
that the bodily functions of a person are
influenced by his mental state. He physiological
changes accompanying deception are capable of
being recorded, measured and interpreted with
reasonable certainty.
THE FOUNDATION OF POLYGRAPH TECHNIQUES
Theory and concept
Telling a lie is usually an emotional experienced. A conscious act
of lying causes conflict in the mind of the examinee, which produces
an emotion of fear of anxiety, manifested by fluctuations in pulse
rate, blood pressure, breathing and perspiration.
The physiologic fluctuation that come with the emotion are in nature
automatic, self-regulating and beyond conscious control because
they affect the functioning of the internal structures that prepare the
body for emergency. They are mobilized for survival value.
Tripod Foundation of Polygraphy
1. Psychological Leg Premise = states that specific
nervous system component whose stimulation can thus be
diagnosed are so stimulated by the involuntary and
emotional processes of the individual who is continuously
attempting concealment of deception especially if that
individual has something at stake and the prevailing
circumstances lead him to believe that exposure to
deception is quite possible although undesirable.
Tripod Foundation of Polygraphy
2. Physiological Leg Premise = that among
the physiological responses that may be recorded
are those that automatically occur only following
the stimulation of specific nervous component
system
Tripod Foundation of Polygraphy
3. Mechanical Leg Premise =
polygraph is capable of making graphic
record containing reliable information
regarding physiological responses of the
subject.
Purpose of Polygraph Technique
Polygraph examination is generally used as an
investigative aid/technical aid in the investigative
process. It is used to:
A. Verify the statement of the victim/complainant.
B. Established the credibility of the witnesses.
C. Evaluates the truthfulness of the suspects.
5. Accuracy of Polygraph Results
The accuracy of the polygraph results ranges from 85% to 100%
depending upon the factors that affect it.
6. Factors that Affect the Accuracy of the Polygraph
Results
A. The instrument.
B. The condition of the subject.
C. The condition of the examination room.
D. The qualification and skills of the examiner.
7. Objectives of Polygraph
Examination
The ultimate objective of Polygraph Examination is to obtain
the Subject’s “ADMISSION or CONFESSION” of the offense
committed.
Models/Theories Advancing Understanding of the Cognition of Deception
A.Orienting Response Theory – this focuses on
attentional processes. According to it, individuals
tend to orient and attend carefully to environmental
stimuli that are novel or emotionally significant to
them, thereby preparing themselves to respond
adaptively as necessary (Sokolov, 1963)
Models/Theories Advancing Understanding of the Cognition of Deception
B. Parallel Task Set (PTS) model – A proposed
memory-based alternative to Orienting Response
Theory by Seymour (2001), which explains the “guilty
knowledge effect” via response competition.
PTS holds that an examinee’s responses to the
alternatives of a question of the GKT consist of the
following: memory processes, response selection,
response preparation, and motor execution.
C. Four-Factor Theory
Zuckerman et al. (1981) proposed the influential
Four-Factor Theory of deception.
It postulates that deception involves (a) generalized
arousal, (b) anxiety, guilt, and other emotions
accompanying deception, (c) cognitive components,
and (d) liars’ attempts to control verbal and non-
verbal cues to appear honest.
C. Four-Factor Theory
These authors speculate that lying imposes greater
cognitive load than truth telling, which can result in
longer response times, more pupil dilation, and in other
signs of load, the theory does not detail the cognitive
mechanisms of lying.
Still, it highlights the complex, multidimensional nature
of deception, and the many types of behavior (e.g.,
cognitive, physiological, emotional) that are potential
cues.
D. Interpersonal Deception Theory (Buller and Burgoon, 1996; Burgoon
and Buller, 2008)
Focuses on the dynamic, interdependent nature of verbal and non-
verbal exchanges between the liar and target (the intended recipient of a
deception). Specifically, it describes deception as involving (a) an interaction in
which each party of a communicative dyad is monitoring the behavior and
responding to cues from the other. (b) The use of strategic deception is
postulated to impose a cognitive load on liars absent in truth tellers. Deceivers
must consciously manipulate information to create a plausible message,
appear honest as they share it, monitor targets’ reactions, and perform other
mental tasks. (c) Too many concurrent tasks produce “cognitive overload,”
resulting in some behavior going unmonitored. (d) Signs of deception include
uncertainty and vagueness in the detail of a false narrative, non-immediacy of
responses that involve frequent pausing, and withdrawal by sitting away from
targets.
E. Preoccupation Model of Secrecy (Lane and Wegner’s
(1995))
It postulates that when individuals keep secrets, for instance,
one from a spouse about having been unfaithful, (a) the strategy
most often used is thought suppression. (“I will stop thinking about
having cheated to avoid accidentally blurting it.”) (b) Over time, this
ongoing suppression can cause the secret to intrude in the thoughts of
the individual. (“I can’t stop thinking about what I did.”) (c) Intrusive
thoughts renew attempts at thought suppression. (“I will try harder
to block the memory.”) (d) This cycle can escalate to the point that
the individual obsesses over the memory long after a secret has been
divulged.
F. Self-Presentation Theory
DePaulo (1992) proposed a Self-Presentation Theory of
individuals’ control over their non-verbal behavior to create specific
impressions in the minds of others, including deceptive ones.
Three cognitive phases are thought to occur.
(a) First, an intention to regulate one’s behavior is formed to create a
desired impression.
(b) Then, the intended self-presentation is translated into non-verbal
behaviors.
(c) Finally, performance is appraised by the individual, if possible,
and lessons are learned for the improvement of future performance.
G. A Working Memory Model of Deception
(Sporer and Schwandt (2006, 2007))
It too contends that lying imposes a greater load
than truth telling due to its heavier processing
requirements. Truth telling involves retrieving and
reconstructing a memory. When lying, deceivers must
invent new stories or modify those available from past
experiences or scripts.
G. A Working Memory Model of Deception
(Sporer and Schwandt (2006, 2007))
A deceptive narrative must be plausible and not
contradict itself or what the target knows. When no
personal memories or scripts are available for lie
construction, the working memories of liars will be
heavily burdened, reducing capacity for speech
production. Liars must also monitor listeners for signs of
suspiciousness.
H. Activation-Decision-Construction Model - (ADCM; Walczyk et al.,
2003, 2005, 2009)
It describes answering questions deceptively, which theoretically includes
the multiple-choice questions of the GKT. The model analyzes the act into
three components.
First, a question heard or read activates the truth from long-term memory,
usually automatically.
Second, based on the activated truth and social context, a decision to lie may
be made, usually to advance liars’ interests. Truthful answering will then be
actively inhibited, especially for well-practiced truths that can proactively
interfere with lying. Such response competition is elegantly described by the
PTS model.
Third, a context-appropriate lie is constructed that must be coherent and
plausible. When possible, memories of the truth are altered slightly for the sake
of lie plausibility and to minimize the cognitive load of lie construction. Finally,
a lie is shared.
THE INSTRUMENT
The instrument used in Polygraph Examination is often called
as “Polygraph or Polygraph Machine, Lie Detector, or Deceptograph”
as earlier mentioned in the past chapters.
Polygraph is defined as an instrument or device capable of
producing recordings of physiological phenomena that may be used
as the basis for the application of a reliable technique for diagnosing
truth or deception.
The machine itself does not detect lies or deception, it only records
the physiological phenomena/changes that occur when the subjects
tell a lie or deception. It is the Examiner who detects deception
through the use of lie detector or polygraph.
The machine/instrument has four (4) major parts or components, these
are;
1. Pneumograph – this occupies the two top/upper pens of the
instrument which records the thoracic and abdominal breathing
patterns of respiration. This is accomplished through the use of a
pneumograph consisting of two hollow corrugated tubes about seven
inches in length, each attached to a unit by a rubber hose no longer
than six feet and no larger than one quarter inch in diameter. This
breathing pneumo unit is a low-pressure unit.
The inhalation/exhalation of the subject causes the tubes to expand
and contract, thereby reflecting the change through bellows to the
pen into the chart.
Pnuemograph
The machine/instrument has four (4) major parts or components, these
are;
2. Galvanograph – this is the longest and the third pen of the
instrument. The electrodes are attached to the index finger and the
ring finger of the left hand, or to the palmar and dorsal surfaces of
the left hand.
The electrodes used for obtaining the recording of the GSR or
electrodermal responses, are fastened to the hand or fingers by
means of the passage of an imperceptible amount of electrical
current through the hand or fingers bearing the attached electrodes,
a galvanometer unit provides recording of the variation in the flow
of the electrical current.
Galvanograph
The machine/instrument has four (4) major parts or components, these are;
3. Cardiosphymograph – this is the fourth and the bottom pen of the
instrument. This cardio unit is a mechanically operated unit. It is a high-
pressure system. This system records changes in mean blood pressure, rate and
strength of pulse beat by means of a medical blood pressure cuff containing a
rubber bladder that is wrapped around the upper arm, in a manner that
places the bladder against the brachial artery. The bladder is connected to the
rubber hose, past a pressure indicating gauge to a very sensitive bellows and its
connected lever system that powers the pen. The polygraphist inflates the
bladder with a hand pump to a constant air pressure that will provide tracing
amplitude of 0.75 to 1 inch with a dicrotic notch situated about the middle of
the diastolic limb of the tracing.
The machine/instrument has four (4) major parts or components, these are;
4. Kymograph – this is the chart recording unit of the
instrument. It has a synchronized motor that drives the chart
at the rate of six inches per minute and its speed constant is
vital because the vertical lines, which are spaced either at
one-half or one-inch interval, represents five-seconds or ten-
seconds interval on the chart. This provides the polygraphist
with a means of determining pulse rate and question spacing.
ATTACHMENT OF THE MAJOR COMPONENTS OF POLYGRAPH
A polygraph is in fact several instruments combined to simultaneously
record changes in blood pressure, pulse, respiration and skin resistance.
The electrical conductivity of the skin’s surface can also be measured through
the increasing sweat gland activity that reduces the skin’s ability to carry
electrical current.
The pneumograph tube is fastened around the subject’s torso and belly. The
blood pressure cuff is placed on the right arm in such a way that the rubber
bladder part should be located over the brachial artery.
The electrodes or Galvanic Skin Reflex (GSR) is attached on the palm or index
finger and ring finger of the left hand of the subject.
Position the subject in a manner that he looks straight ahead with the
instrument and the examiner to the right side or rear somewhat ahead of the
kymograph or chart drive so that the polygraph tracings will not distract him.
THE EXAMINER
Who are Polygraph Examiners?
Today, some polygraph examiners refer to be called Forensic
Psychophysiologist (FP) because only FP and the subject (examinee) are present
in the examination room, his or her behavior greatly influences the results of the
PVE. Although, polygraph examiners are referred to as polygraphists and lie
detector specialists. The FP has several tasks in performing PVE:
1. Collecting facts of the case
2. Formulating questions
3. Setting up the interrogation room and the polygraph
4. Profiling and preparing the subject being tested
5. Asking questions
6. Chart marking
7. Chart probing
8. Chart interpretation
THE POLYGRAPH EXAMINER SHOULD KNOW THE FOLLOWING:
1. A complete physical description of the subject to determine the
technique to be used (as for example the subject is deaf or blind).
2. The complete history of the subject.
3. Experience, training, and educational attainment of the subject
(to make the subject talk to himself).
4. A brief synopsis of the case (fact of the case so the examiner can
formulate the questioners).
5. Reason why the subject is to be interrogated.
Attitude and Conduct of an Investigation of a suspect or witness,
the interrogator must observe the following:
1. The interrogator should avoid creating an impression that he is an
investigator seeking a confession or conviction. It is better for him to appear
in the role of one who is merely seeking the truth.
2. Such realistic words or expressions as “kill” “steal”, “confess” your crime, etc.
3. The interrogator should sit fairly close to the subject and between the two;
there would not be a table to another piece’s furniture.
4. The interrogator should avoid facing about the room. To give undirected
attention to the person being interrogated, make it as such that will be
more difficult for him to evade detection of deception or conceals his guilt.
Attitude and Conduct of an Investigation of a suspect or witness,
the interrogator must observe the following:
5. The interrogator should avoid or at least minimize smoking and should also refrain from
fumbling with a pencil pen or other room accessories for all this tend to create an
impression of lack of interest or confidence.
6. The interrogator should adopt his language to that used and understood by the subject
himself. I am dealing with an uneducated and ignorant, the interrogator should use
simple words and sentences.
7. Since the interrogator should always occupy a fearless position with regards to his
subject and to the condition and circumstances attending the interview, the subject
should not be handcuff or shackled during his presence in the interrogation. The
interrogator should face the subject as “man” and as man prisoner.
Is the result of PVE admissible as court evidence?
In most cases, polygraph evidence is used during pre-trial investigation
and preparations rather than during the actual trial. In the OJ Simpson civil
trial, the result of a polygraph were admitted into evidence. This established a
precedent across US allowing polygraph examinations in civil trials such as
divorce cases. In the Philippine Setting, PVE using the polygraph is not fully
developed. The following are the reasons why at this stage results of PVE are
not admissible as evidence in the Philippine trial courts:
1. Qualifications of the polygraph examiners are not standardized
2. PVE using the polygraph is not standardized.
3. No standard instrumentation.
THE SUBJECT KINDS OF PEOPLE TO BE INTERROGATED
Types or kinds of subject for polygraph test
1. Subject whose guilt is definite or reasonably certain.
A. Emotional Offender.
1. Person who commits crimes I the beat of passion.
2. Person whose offense is of accidental in nature.
B. Non-emotional Offender
1. Person who commits crimes for financial gain.
2. Subject whose guilt is doubtful or uncertain.
The (3) General Types of Subjects.
1. Suspect - Offenders of society who are presumed to
have committed the crime.
2. Complainants - Are those persons who are offended
by the suspects.
3. Witnesses - A person who knows something about
the crime.
TYPES OF LIARS
1. PANIC LIAR. Is one who lies in order to avoid the consequences
of confession for he believes that confession will just make the
matter worst. The person is afraid of embarrassment to love ones
and it is serious blow to his/her ego.
2. OCCUPATIONAL LIAR. Is someone who has lied for spare years.
He is the kind of person which is called a practical liar and lies
when it has higher “pay off” than telling the truth.
3. TOURNAMENT LIAR. This is the type of liar where the person
lies because it is the only weapon remaining to defend his side.
This person realizes that he or she will probably be convicted but
will not give anyone the satisfaction of hearing his confessions. He
wants that people will believe that the law punishes an innocent
person.
TYPES OF LIARS
4. PSYCHOPATHIC LIAR. The type of liar that is considered the most
difficult one for the person has no conscience and shows no regret for
dishonest and no manifestation of guilt.
5. ETHOLOGICAL LIAR. Is one who was taught not to be a squealer.
This kind of liar is usually coming from the underworld gang in order
for the member not to reveal any secret of their organization.
6. PATHOLOGICAL LIAR. Refers to a person who cannot really
distinguish right from wrong. Sometimes, other professional authors of
book refer to an insane person or to a person whose mind is sick.
7. BLACK LIAR. Is a person who always pretends. It also refers to those
persons who keep on adding remarks to themselves.
KINDS OF LIE
1. WHITE LIE OR BENIGN LIE - the kind of lies used to protect or
maintain the harmony of friendship or any relationship.
2. PATHOLOGICAL LIE - this is a lie made by persons who cannot
distinguish right from wrong.
3. RED LIE - this involves political interests and motives because this is a
part of communist propaganda strategy. This is prevalent in
communist countries or communist infested nation. Lies of means of
propaganda-brain-washing and blackmail via espionage and treason.
4. BLACK LIE - a lie accompanies pretensions and hypocrisies,
intriguing to cause dishonor or discredit one’s good image.
5. MALICIOUS OR JUDICIAL LIE - this is very pure and unjustifiable
kind of lie that is intended purely to mislead or obstruct justice.
POLYGRAPH EXAMINATION
It is a process that encompasses all activities that take place between a
polygraph examiner and an examinee during specific series of interactions.
Concepts of Polygraph Examination
1. Used to test an individual for the purpose of detecting deception or verify
the truth of statement
2. Records identifiable physiological reactions of the subject, such as; blood
pressure, pulse rate, respiration and skin resistance.
3. The effectiveness of the polygraph in recording symptoms of deceptions is
based on the theory that a conscious mental effort on the part of a normal
person to deceive causes involuntary physiological changes that are in
effect a body’s reaction to an imminent danger to its well-being.
Purposes of Polygraph Examination
The main purpose of the examination is to determine the truth or
deception based on the presence of emotional disturbances of the subject
appearing on the recorded physiological responses to question relative to
the case under investigation.
Uses of Polygraph Examination
1. It serves as investigative aid for the investigators to:
A. confirms the statements of victims
B. ascertains the credibility of witnesses
C. asses the truthfulness of suspects.
1. It speeds up the process of investigation
2. It eliminates innocent subjects
LIMITATIONS OF THE SUBJECT TO UNDERGO POLYGRAPH EXAMINATION
1. The subject must have a good night sleep at least five (5) hours
prior to the test.
2. The subject must refrain from smoking for at least two (2) hours
prior to the test.
3. The subject should not undergo prolonged interrogation prior to
the test.
4. The subject must not have been subjected to physical abuse or
body contact.
5. The subject must refrain from drinking alcoholic beverages or any
drugs 12 hours before the test.
6. The subject must not be suffering from any temporary illnesses like
headache, toothache, menstruation (female), colds, etc.
LIMITATIONS OF THE SUBJECT TO UNDERGO POLYGRAPH EXAMINATION
7. The subject should be physically fed.
8. The subject should not be engaged in sexual activities few hours
before the test. Undergoing a lie detector test can be an
intimidating experience that can challenge the nerves of even the
most enduring person. You are sitting there with wires and tubes
attached to and wrapped around your body. Even if you have
nothing to hide, you could be afraid that the metal box
instrument sitting next to you will say otherwise. Polygraph
examination is long process that can be divided into several
phases.
FOUR (4) PHASES OF POLYGRAPH EXAMINATION
I. PHASE I (PRELIMINARY PREPARATIONS) -
Initial Interview with the investigator handling the
case or person requesting it. The group involve in this
stage are the Victim / Complaint, Suspects, Witnesses.
This stage includes obtaining and evaluation of facts,
determining the areas the subjects need to be asked.
FOUR (4) PHASES OF POLYGRAPH EXAMINATION
II. PHASE II - PRE-TEST INTERVIEW with the subject - The examiner pre-
test interview with the subject prior to the test is considered essential both for
the purpose of conditioning the subject for the examination and also to
provoke and observe indications of guilt or innocence.
The examiner should not hold back any information from the subject about
the instrument its attachment or recording. This will serve to increase a lying
subject concerned over possible detection.
The examiner should be friendly to the subject but reserve during the pre-test
interview. No accusatory approach is made in this phase.
The subject himself is usually the best source of information about his behavior.
The primary purpose of the pre-test interview is to prepare or condition the
subject for the test.
FOUR (4) PHASES OF POLYGRAPH EXAMINATION
III.PHASE III (THE EXAMINATION/INSTRUMENTAL
TEST) – The conduct of Instrumentation and Actual Test.
After the pre-test interview, the examiner should proceed
to place the attachment on the subject. The first to be
attached is Pneumograph, then the Cardiosphymograph
and the Galvanograph. Review all the questions with the
subject before the actual examination is made. The
examiner should discourage any comments or statement
by the subjects.
FOUR (4) PHASES OF POLYGRAPH EXAMINATION
IV. PHASE IV – POST–TEST INTERVIEW/ INTERROGATION -
This includes all consideration that bears on the examination. This is
done just after the instrument is turned off. If the Polygraph test
result indicates deception, the examiner will then proceed to conduct
short interrogation. The purpose of which is to obtain confession.
However, if the Polygraph indicates that the subject is innocent; the
examiner will just release the subject cordially and thanks him/ her
for his/her cooperation.
TEST QUESTIONS: TYPES AND PURPOSES
The polygraph test consists of asking the subject/ person though
the transducer of the instrument, a list of prepared questions in a
planned sequence; comprising of not more than twelve. At least 3
test charts are taken, each lasting not more than four (4) minutes
with a rest interval of five (5) to ten (10) minutes between charts.
There are two general types of questions to be constructed and
maybe supplemented by other types of questions:
A. General Question Test – most commonly applied.
B. Peak-of-Tension Test – usually used as supplementary test.
There are five set of tests that maybe applied:
Test I – General Question Test - Purposes: To get the standard tracing
of the subject and to establish a true telling pattern for the initial
part of the record.
Test II – Number Test (Psychological Test) - To check the possible
deliberate distortion when the chosen number is asked and to obtain
a chart wherein the subject is not under stress.
Test III – Spot Responder - To determine the responsiveness of the
subject to crucial question on spot responses.
Test IV – Mix Question - To compare the degree of reaction between
control and relevant question.
Test V – Silence Answer Test (SAT) - It is a confirmatory test with the
silence answer test.
SIGNIFICANCE of FORMULATING GOOD TEST QUESTIONS:
1. Well-crafted questions are designed to elicit specific physiological
responses from the subject. By addressing relevant issues and concerns,
examiners aim to provoke reactions that can be measured and
analyzed during the examination.
2. The questions play a crucial role in establishing baseline
measurements for the subject's physiological responses. By including
control or neutral queries, examiners create a reference point against
which changes in responses to more probing questions can be assessed.
SIGNIFICANCE of FORMULATING GOOD TEST QUESTIONS:
3. Clear and comprehensible questions are vital to ensure that the
subject fully understands the inquiries posed. Ambiguity or confusion
in questioning can lead to unreliable responses and compromise the
accuracy of the polygraph results.
4. Thoughtfully constructed questions consider the emotional and
psychological state of the subject. By avoiding unnecessarily
distressing or accusatory language, examiners aim to minimize
anxiety and stress, promoting more accurate physiological readings.
SIGNIFICANCE of FORMULATING GOOD TEST QUESTIONS:
5. Good polygraph test questions are adaptable criminal screenings,
to different contexts, whether in investigations, employment other
scenarios. The ability to tailor questions to specific situations enhances
the applicability and reliability of the polygraph examination.
6. Ethical questioning practices are paramount in maintaining the
integrity of the polygraph process. Examiners must adhere to ethical
standards, ensuring that questions are fair unbiased, and do not
infringe upon the subject's rights.
SIGNIFICANCE of FORMULATING GOOD TEST QUESTIONS:
7. Effective communication through well-crafted questions establishes
rapport between the examiner and the subject. This open dialogue
contributes to a cooperative atmosphere, which, in turn, may
enhance the subject's willingness to provide truthful responses.
8. The quality of polygraph test questions directly impacts the
examiner's ability to interpret results accurately. Analyzing
physiological data in conjunction with the nuances of the questions
allows for a more nuanced understanding of the subject's truthfulness.
Types of Test Questions
1. Irrelevant/Neutral Questions
2. Relevant Questions
3. Control/Comparison Questions
4.Guilt Complex Questions
5. Symptomatic Questions
6.SKY (Suspect, Knowledge, You) Questions
Types of Test Questions
1. Irrelevant/Neutral Questions – These are
questions formulated from information that do not
relate to the matter under investigation and deals with
a known fact about which the subject cannot lie.
Purpose: To establish and re-establish the subject’s
normal tracing plus response capability (excitement
level) with verbal stimuli.
Types of Test Questions
2. Relevant Questions – are questions formulated from the
information pertaining to the subject of the examination and pointed at
determining the subject’s knowledge of complicity in, or truthfulness or
deception regarding the issue in question.
Purpose:
1. To produce a change from the subject’s norm tracing plus excitement
level plus stimulus.
2. To detect deception as a result of physiological changes in subject’s
norm
3. To resolve objectivity of the polygraph examination via chat probe
and further testing on potential reaction that result.
Classes of Relevant Questions:
A. Strong or Primary relevant Questions
B. Weak or Secondary relevant
Questions
C. Sacrifice Questions
D. Knowledge Questions
E. Evidence connecting Questions
Classes of Relevant Questions:
A. Strong or primary relevant – having
an intense and specific relationship to
the offense or problem being considered.
Classes of Relevant Questions:
B. Secondary or weak relevant – deals with secondary
elements of the crime and probe mostly on guilty
knowledge and partial involvement.
Helped the subject, planned the event, participated
in the event, knowledge of the event, Benefited from
the event
Classes of Relevant Questions:
C. Sacrifice Relevant Questions – It is design
to uncover the subject’s attitude and cooperation
towards the test.
Example: Do you intend to answer the question
truthfully?
Sacrifice Relevant Questions
Classes of Relevant Questions:
D. Knowledge question – It is design to probe
whether the subject possesses information
regarding the identity of the offender, the location
of the evidence, or other necessary elements of the
case.
Example: Do you know who stabbed Mr. James?
Classes of Relevant Questions:
E. Evidence Connecting questions – are
questions about some specific piece of evidence
found at the scene of the crime, to focus the
subject’s attention on the probability of
incriminating proof that would establish his guilt.
3. Control Questions/Comparison Question
Are questions regarding a wrongdoing, unrelated but is of
similar and less serious nature to the investigation, and to which the
subject will lie or if he does not really lie, he will think about it at the
time it is asked or be unsure of the complete truthfulness of his
answer.
Purpose:
1. To produce greater stress than offense (relevant) questions in the
subject’s responding truthfully to queries about the offense.
2. To evoke less stress than the offense (relevant) questions in
deceitful subjects.
3. Control Questions/Comparison Question
Types of Comparison Questions
A. Directed-Lie Comparison Questions (DLC)
or Primary Control Questions
B. Probable-Lie Comparison Questions (PLC)
or Secondary Control Questions
3. Control Questions/Comparison Question
Types of Comparison Questions
A. Directed-Lie Comparison Questions (DLC)
or Primary Control Questions
- It is a comparison question that deals with minor violation of any
rule, law or code of conduct in which most people will easily
acknowledge.
- It is more specific nature and must concern events that transpired
within a 3 to 5 years period before a case investigation occurred.
A. Directed-Lie Comparison Questions (DLC) or Primary Control Questions
3. Control Questions/Comparison Question
Types of Comparison Questions
B. Probable-Lie Comparison Questions (PLC) or Secondary Control
Questions
-It is a question designed to be a probable-lie to the examinee. It is
similar in nature of the issue being tested but unrelated by time,
place, or category. It must be broad in scope, and time to cover as
many of the examinee’s past life experiences as possible
- It is less specific in nature, and it covers events that transpired up to
the present period.
B. Probable-Lie Comparison Questions (PLC) or Secondary Control
Questions
4. Guilt Complex Questions – These are questions about
a fictitious crime, which is almost similar in nature and equal
in weight to the offense under investigation.
Examples:
1. Did you steal the money from the house at Manahan Street?
(real incident happened at Lion Street); or
2. Did you forcibly have sexual intercourse with the nurse
wearing white uniform at the Premiere General Hospital?
(incident happened at Levoire General Hospital)
5. Symptomatic Questions – are questions that
relates about the subject trust in the examiner
regarding confinement to the original issue under
investigation.
Purpose: To ascertain presence of subject’s hidden
fears or apprehension unrelated to the issue.
5. Symptomatic Questions
Examples:
1. Are you completely convinced that I will not ask you
a question on this test that has not already been
reviewed?
2 Is there something else you are afraid I will ask ough I
told you about; even though I you I would not?
6. SKY Questions – Its purpose is to confirm a specific response
from previous charts taken and to detect indirect/direct involvement
or guilty knowledge.
S = Suspect ex. Do you suspect anyone who committed the offense?
K = Know or Knowledge; and
Y = You.
Examples:
1. Do you suspect anyone of stealing Gina's money?
2. Do you know for sure who stole Gina's money?
3. Did you steal Gina's money?
There are rules to be followed in the formulation of questions such as the
following:
1. Questions must be simple and direct.
2. They must not involve legal terminology such as rape,
murder, etc.
3. They must be answerable by yes or no and should short as
possible.
4. Must be short as possible.
5. Their meaning must be clear and unmistakable phrase in a
language that the subject can easily understand.
There are rules to be followed in the formulation of questions
such as the following:
6. They must not be in the form of accusation.
7. Question must never contain an inference which
presupposes knowledge on the part of the subject.
8. All questions must refer to one offense only.
9. All questions must refer to only one element of an offense.
10. They must not contain interferences to one’s religion races
or belief.
VALID POLYGRAPH TECHNIQUES
VALID POLYGRAPH TECHNIQUES
CHART MARKING
ØChart marking is a procedure that plays a vital
role. Neglecting the appropriate chart marking
procedure for a couple of seconds may cause
misinterpretations later on that further result to tragic
consequences.
Simply failing to punctually write the stimulus marks
on the paper chart that will cause misinterpretation of
the polygram.
CHART MARKING
ØStimulus marks are short vertical lines
(normally about 1/8 of an inch) placed below
the descending stroke of the cardio tracing
denoting exactly the beginning and at the
end of the stimulus question.
CHART MARKING
ØPolygram refers to the complete record of the
pneumograph, cardiograph and galvanograph
tracings from the moment the actual questioning of
the subject starts until it ends.
It contains the tracings (norm and deviation from
norm), stimulus marks and symbols skillfully written by
the polygraph examiner while asking questions to a
subject.
Two Types Chart Markings
1. Primary Markings = these are markings which indicate the
beginning and end of examination as well as the questions and answers of
the subject. These are usually placed at the bottom or top of the
polygraph chart
A. X – it indicates the start of the test. The examiner informs the subject
that the test is about to begin.
B. I I – is a stimulus mark. The first vertical line marks when the
examiner starts asking question. Second vertical line marks when the
examiner finishes asking question.
C. + - a positive sign which indicates that the subject answers the
question with “yes”. T
D. – a negative sign indicating that the subject answers the stimulus with
“no”.
E. XX – indicates the end of test.
Two Types Chart Markings
2. Secondary Markings = are markings which are placed only if
the examinee does something which will cause the physiological
tracings to distort. These markings are usually placed below the
affected tracing.
Analysis of Polygraph Data
1. Global test Data (Analysis/Clinical
Approach)
2. Numerical Test Data Analysis (Hard
scoring)
3. Computer Scoring Method
Classification of Polygraph Tracing Segment
1. Average Tracing- No change in the emotional level
within the stress area on the Polygraph Chart
• Tonic Level (Baseline)
Classification of Polygraph Tracing Segment
2. Reaction Tracings
• Sympathetic subdivision has been more active (ON ALERT)
• Indicates Psychological change from the subjects average
emotional level
• Phasic (Quick Speed,Fast, Burst Activity) and Tonic response
(Slow/Constant)
• Arousal to sudden stimulus
Identification of Reaction Features
• Suppressed Breathing
• Temporary Increase in Baseline
• Slowing
• Amplitude
• Complexity
• Duration
• Baseline arousal
• Duration
• Reduction in amplitude
• Duration
Identification of Reaction Features
Respiratory Features
1. Suppressed Breathing
• Apnea
• Reduction of Amplitude
2. Slowing
3. Temporary Increase in Baseline
Identification of Reaction Features (Respiratory Features)
Suppressed Breathing- Apnea (Must 3 times)
Identification of Reaction Features (Respiratory Features)
Suppressed Breathing- Reduction of Amplitude (Must 3 times)
Identification of Reaction Features (Respiratory Features)
Slowing (Must 3 times)
Identification of Reaction Features (Respiratory Features)
Temporary Increase in Baseline (Must 3 times)
Identification of Reaction Features
Electrodermal Activity Features
1. Amplitude
2. Complexity
3. Duration
Identification of Reaction Features (Electrodermal Activity Features)
Complexity, Amplitude, Duration (Must 3 times)
Identification of Reaction Features
Cardio Features
1. Baseline Arousal (Principal Features)
2. Duration
Identification of Reaction Features (Cardio Features)
Baseline Arousal (Must 3 times)
Identification of Reaction Features (Cardio Features)
Duration (Must 3 times)
Classification of Polygraph Tracing Segment
3. Relief Tracings
Parasympathetic subdivision has been more active
following the stress area on the polygraph
Allostasis (Adapt to changes in environment) =
Homeostasis (Maintain stable condition within the Body)
Classification of Polygraph Tracing Segment
4. Distortion Tracings
Departs from the average emotional level but lacks
physiological evidence of either sympathetic or
parasymphatetic activation within the stress area on the
polygraph chart indicating the absence of psychological
origin
Artifacts- Deep breaths, coughs, movements, Physiological
abnomarlities (Premature Ventricular contraction-PVCS)
CHART INTERPRETATION
A. The accuracy of instrumental detection of deception is dependent
upon the examiner’s ability to diagnose truth or deception by
reading and interpreting a subject’s charts.
B. The pneumograph tracing normally, found at the top of the chart,
is a record of a subject’s respiratory action during the questioning
process and is classified as normal or abnormal.
C. The galvanograph tracing, normally located at the center position.
If the chart, when properly balanced takes from of as lightly
wavering line across the middle portion of the chart with a minor
response to spoken stimuli.
CHART INTERPRETATION
D. The cardiosphygmograph tracing normally found at
the bottom of the chart, is the three physiological
phenomena, a systolic stroke, a diastolic stroke and a
dichotic notch.
E. In the interpretation and analysis of charts taken in
a Peak of Tension Test
F. Other factors; that specific response to be considered
as possible deception in chart evaluation
CHART INTERPRETATION
G. For an effective chart interpretation, the following rules
must be followed:
1. There must be a specific response
2. To be specific, it must form a deviation from norm
3. It must appear in at least two (2) test charts
4. The best indication of deception is the simultaneous
specific responses in the three (3) tracings of the chart.
RULES in Numerical Scoring
*Positive Scores are assigned when the physiological reaction to the
Comparison Questions are stronger than the reaction to the Relevant Questions
*Negative Scores are assigned when the reaction to the Relevant Questions
are greater than the reaction of the Comparison Questions
The negative values indicate higher reaction on the relevant questions and
the positive values indicate higher response on the control questions.
A grand total score of +6 and greater indicates nondeception, -6 and less
deception, and anything in between is considered an inconclusive result.
Reliability, Accuracy, and Validity
Reliability is usually defined as a property of a measure as
used on a particular population of people or events being measured.
If the polygraph is to be applied in standard ways across a range of
people and situations, it is desirable that measures be reliable across
the range of people and situations being measured—whether
subjects and examiners are calm or nervous, alert or sleepy, relaxed
or under time pressure, male or female, from the same or different
cultural backgrounds, in the laboratory or in the field, etc.
Two Types of Reliability
1. Test-retest reliability (Intra-rater agreement) is the
extent to which the same measurement procedure (with the
polygraph, this includes the examiner, the test format, and the
equipment) used to examine the same subject for the same
purpose yields the same result on repetition.
2. Inter-rater reliability is the extent to which different
examiners would draw the same conclusions about a given subject
at a given time for a given examination. In practice and in the
literature, we have considered, discussions of inter-rater reliability
have focused almost exclusively on the repeatability of chart
scoring across human or computer raters.
Accuracy and Validity
A measurement process is considered valid if it measures what it is
supposed to measure.
1. Criterion validity refers to how well a measure, such as the classification
of polygraph test results as indicating deception or non-deception, matches
a phenomenon that the test is intended to capture, such as the actual
deceptiveness or truthfulness of examinees on the relevant questions in the
test.
2. Construct validity refers to how well explanatory theories and concepts
account for performance of a test.
3. Face Validity refers to opinion or consensus of experts.
4. Predictive Validity refers to ability to predict a future outcome.
5. Concurrent Validity refers to ability to identify what is already
known.
6. Convergent Validity refers to new info coincide with extant
info.
7. Divergent Validity refers to new info separates extant ideas.
8. Incremental Validity refers to professional decision accuracy
improves with the use of additional information.
Threshold of Accuracy According to American Society for Testing Materials (ASTM)
ØNinety (90) Percent = for evidentiary polygraph examinations.
Evidentiary polygraph examinations are those conducted
specifically for courtroom purposes.
ØEighty (80) Percent = for investigative polygraph examination.
Investigative polygraph examinations are used for non-judicial
purposes.
ØBoth evidentiary and investigative examinations are permitted to
an inconclusive rate of twenty (20) percent.
Result Errors
1. False Negative
Ørefers to the failure to detect the presence of a particular event or
item.
Øin polygraphy refers to the incorrect decision that deception was
not practiced by the examinee.
2. False Positive
Øis the false detection of something that is not actually present. In
polygraphy
Øit is the incorrect decision that deception was practiced by the
examinee.
Admissibility of Polygraph Results
Foreign Cases:
A. US v. Frye
District Court held that polygraph result is inadmissible as evidence and
stated that scientific evidence to be admissible it must have “gained general
acceptance” in particular field in which it belongs. The Frye test required
admissible evidence to come from a scientific principle or discovery that was
"sufficiently established to have gained general acceptance in the particular field
in which it belongs."
B. Daubert v. Merrell Dow Pharmaceuticals
The case that recognized what kind of scientific testimony would be
admissible in federal court following the passage of the Federal Rules of Evidence.
The court ruled that expert witnesses must provide scientifically valid reasoning
that applies to the facts of the case for their testimony to be admissible in court.
Under the Daubert standard, the trial judge serves as the gatekeeper who
determines whether an expert's evidence is deemed reputable and relevant.
Philippine Setting:
A. People v. Pablo Adoviso
Polygraph results were not given waits by the RTC of Camarines Sur. On
defendants appear when the Supreme Court, defendant contend that RTC
rendered the judgment of conviction on the basis of “mere gestures and
speculations”, defendant argues that the negative results of polygraph tests should
be given weight bought the SC still affirm the decision of the RTC based on the US
court decision that it has not gained general acceptance in the scientific
community as a reliable means of ascertaining truth and deception and where’s
the reference to the People v. Daniel decision, which do not put much faith and
credit on polygraph results.
B. People v. Daniel
The Supreme Court ruled that “On this matter, we find the trial judge’s
observations and conclusions, meritorious and we quote from his decision that as
to the NBI lie detector test report, the Court does not put much faith and credits
on it. It is well known that the same is not conclusive. Its efficacy depends upon the
time, place, and circumstances when taken, and the nature of the subject.
C. Jesusa Reyes and Conrado B. Reyes vs. Bank of the Philippine Islands (BPI).
As of this time, results of polygraph examination are not admissible in the Philippine
Courts. There are three (3) basic arguments/ reasons why at this stage result of polygraph
examination is not yet admissible as evidence:
A. Polygraph examination is not yet standardized as to the qualifications of the polygraph
examiner.
B. Polygraph examination is not yet standardized as a testing procedure.
C. Polygraph is not yet standardized as to instrumentation. Asides from this case, there are
several case in our country both civil and criminal cases where the results of the
Polygraph Test were taken into account or consideration.
The Basic law that provides legal sanctions covering criminal confession is found in
the 1987 Constitutional provision and was further emphasized in other subsequent sections.
RA No. 7438, otherwise known as the law that defines the rights of the accused under
custodial investigation, must have to be observed during criminal interrogation as part of
the Miranda Doctrine/Warning.