CHAPTER 2
DECEPTION AND
DETECTION
DECEPTION AND DETECTION
> Knowledge of truth is important in the
administration of criminal justice,
> lies solely in the ability to evaluate the
statement given by the suspect or witness
>the task for its determination initially lies
on the hand of the investigator.
Methods of deception
detection:
1. Devices which record the psycho-physiological
response:
a) Use of a polygraph or lie detector machine
b) Word association test
c) Psychological stress evaluator
2. Use of drugs that try to inhibit the inhibitor
a) Administration of the truth serum
b) Narcoanalysis or Narcosynthesis
c) Intoxication
Methods of deception
detection:
3. Hypnotism
4. By observation
5. Scientifc interrogation
6. Confession
I. RECORDING OF
PSYCHOPHYSIOLOGICAL RESPONSE
Nervous control
1)CNS(brain&spinal cord )
-controls motor/sensory fxns, w/c may be
voluntary
2)ANS
-acts as a self-regulating autonomic
response of the body
2 branches: a)sympathetic
b)parasympathetic
a) Sympathetic
- under the influence of physical (exertion) or
emotional stimuli (anger,excitement,fear,liedetection,etc.)
b)Parasympathetic
-works to restore things to normal in the absence
of stress
>dominates when the condition is calm,
contented and relaxed
A. Use of a Lie Detector or Polygraph
= records physiological changes that
occur in asso'n with lying in
polygraph
= The fear of the subject when not
telling the truth activates the symp.
(w/c allows the determination)
Supplemetary tests:
a. Peak of tension test - peak of tension
on relevant questions not known to the
subject
b. Guilt complex test - does not
response to added relevant quest.
c. Silent answer test - subject verbal
response creates distortion ,in the
tracing or clearing the throat.
Can a person be compelled to be
subjected to the lie-detector test?
No, use of intelligence and other faculties
w/c is self -incriminatory
B. Word association test:
-Time interval between the words uttered
by the examiner and the answer of the
subject is recorded.
C. Psychological Stress
Evaluator(PSE)
- when a person is under stress/lying,
the micro tremor in the voice utterance
is moderately or completely suppressed.
- degree of suppression varies inversely
to degree of psychological stress in the
speaker
- displays the voice modulations that
we cannot hear
the frequencies tend to disappear
II. USE OF DRUGS THAT INHIBIT THE
INHIBITOR
- Not admissible in court
A. Administration of truth serum
- Hyoscine hydrobromide given
hypodermically until state of delirium which the
subject feels a compulsion to answer the
question truthfully.
B. Narcoanalysis or Narcosynthesis
- Sodium amytal or sodium penthotal
C. Intoxication with alcohol -'' In vino
veritas
III.
HYPNOSIS
-alteration of
consciousness/concentration, not all
subjects can be hypnotized
IV. OBSERVATION
*** Physiological and psychological
signs and symptoms of guilt:
a) Sweating, color change
b) Dryness of the mouth
c) Excessive activity of adams apple
d) Fidgetting
e) Peculiar feeling inside
f) Swearing, spotless past record
g) ''not that I remember'' expression
h) Inability to look at the investigator
V. INTERROGATION
questioning of a person suspected
of having committed an offense or of
persons who are reluctant to make a
full disclosure of info in his
possession w/c is pertinent to the
investigation
- suspect/witness
- emotional appeal
*diff types of criminal
offenders
1. based on behavioral
attitude
a. active aggressive
offenders
-impulsive manner( crimes of
passion,revengeresentment)
b. passive inadequate offenders
-inducement/promise/ reward
2. based on the state of mind
a. rational offenders
-w/ motive/intention
b irrational offenders
-w/o knowledge on the nature
quality on his act(mad killers)
&
3. based on proficiency
a. ordinary offenders
-lowest form,limited skill
b. professional offenders
- highly skilled w/ the least chance
of being detected
-pickpocketing,shop-lifting
4. psycho class'n
a. emotional offenders
-accidental in nature
b. non-emotional offenders
-financial gain/recidivist/repeaters
* requirement for the admissibility of
evidence obtained thru investigation(pp
34-35)
* miranda [Link](pp 35)
VI. CONFESSION
- expressed acknowledgement by the
accused in a criminal case of the truth of
his guilt as to the crime charged, or of
some essentials thereof
-statement of guilt
***admission- statement of fact by the
accused w/c does not directly involve an
aknowledgement of guilt of the accused
***kinds of confession:
I. extra-judicial confession
-not sufficient ground for
conviction,unless corroborated by
evidence of corpus delicti
- may be:
1)voluntary
2) involuntary-null and void
***Maltreatment of prisoners for the
purpose of exhorting confession or to
obtain some info is a crime.
[Link] confession
-conclusive upon the court and may be
considered circumstance to criminal liability
****judicial admxns
-sec 4 rule 129-revised rules: an admxn,
verbal or written, made by a party in the
course of the proceedings in the same case,
does not require proof. The admxn may be
contradicted only by showing that it was
made thru probable mistake or that it no
such admxn was made.
Thank you