Deception Detection

Atty Molly Cr Abiog, MD, LlB

University of the Cordilleras
College of Law

Pursuit of Truth

Knowledge of Truth

Essential requirement for the

administration of justice
Success or failure may rest solely on
the ability to evaluate the statement
given by the suspect or witness
Task for its determination lies solely on
the hand of the investigator

Methods of Deception
Detection

Devices that record psycho-physiological

responses
Use of Drugs that try to inhibit the
inhibitor
Hypnotism
By observation
Scientific interrogation
Confession

Nervous System

Nervous System has three major

components

1.
2.
3.

Central Nervous System

Autonomic Nervous System
Peripheral Nervous System

Nervous System

Central Nervous System

Primarily controls the motor and sensory

functions that occur at or above the
threshold
May be voluntary or involuntary

Autonomic Nervous System

A self-regulating autonomic response of

the body

Nervous System

Autonomic Nervous System

2 Complimentary branches
Sympathetic: Physical strain, emotional
(fear, anger, excitement, lie detection)
Parasympathetic: Works to restore things to
normal (calm, contented, relaxed)

Psychophysiological
Responses from the
Autonomic Nervous
System

Physical
Responses
to Emotion

Physical
Responses
to Emotion

Devices That Record

Psycho-physiological Responses
1.1
1.2
1.3

Polygraph or lie detector machine

Word association test
Psychological stress evaluator

1.1 Lie Detector (Polygraph)

Polygraph is not appropriate to be

also known as lie detector

A lie detector records physiological

changes that occur in association with
lying in a polygraph

Lie Detector (Polygraph)

It is the fear of the subject that allows

the determination

Fear of the subject when not telling the truth

activates the sympathetic nervous system to
a series of automatic and involuntary
physiological changes, which are recorded
by the instrument

Polygraph Examination
Inadmissibility

Reasons for the inadmissibility to the

court of the result of polygraph
examination:

Experimental Stage: lacks degree of

standardization

Useful in investigation of a crime but has no

place in courtroom

Trier of fact is apt to give almost

conclusive weight to the polygraph
experts opinion

Inadmissibility of Polygraph

No way to assure that a qualified

examiner has administered the test

High degree of accuracy when done under

controlled conditions by an examiner who is
highly qualified due to his ability,
experience, education & integrity

Judge is the one running the show in the

courtroom and not the polygraph expert
Examinee may unwittingly waive his or
her right against self-incrimination
Test itself has many errors!

Dilemma of the Polygraph

Not quantifiable
Test itself has many errors=25%

Dilemma of the Polygraph

Q: Can a person be compelled to be
subjected to a lie detector test?
A: Inasmuch as the test requires the
answer yes or no, it infers the use of
intelligence and attention or other
mental faculties which is selfincriminatory.
Thus, a person can not be compelled to
be subjected to a lie detector test

When is the lie detector test result

admissible in court?

If there is a stipulation of the parties

and counsels that they will accept the
results
If the defendant agrees to the
admission of the polygraph result, then
he should not object if the subsequent
result turns to be unfavorable to him
Judge has the discretion as to
admissibility of the test result

Other Devices that Record Psychophysiological responses

1.2 Word Association Test

Lists of stimulus and non-stimulus words

are read to the subject who is instructed to
answer as quickly as possible
Methods:
Answer to the question may be yes or no
Answer of the subject is to be recorded
When the subject is asked questions with
reference to his name, address, civil status,
nationality, etc. that has no relation with the
subject-matter of the investigation, the
tendency is to answer quickly

Word Association Test

When the question bear some words which
have to do with the criminal act the subject
allegedly committed, like knife, gun or
hammer which is used in the killing, the
tendency is to delay the answer
Test is not concerned with the answer, be it
a yes or a no. the important factor is the
time of response in relation to stimulus or
non-stimulus words
Subject cannot be compelled to be subject
to the test without his consent

Other Devices that Record Psychophysiological Responses

1.3 Psychological Stress Evaluator (PSE)

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 muscles of the
voice mechanism

Such oscillation of the muscles or microtremor

occurs at the rate of 8 to 14 cycles per second
and controlled by the nervous system.

Other Devices that Record Psychophysiological Responses

Psychological Stress Evaluator (PSE)

When a person is lying, the microtremor

in the voice utterance is moderately or
completely suppressed

Degree of suppression varies inversely to

the degree of psychological stress in the
speaker.

PSE detects, measures and graphically

displays the voice modulation that we
cannot bear

2. USE OF DRUGS THAT TRY TO

INHIBIT THE INHIBITOR
2.1
2.2
2.3

Administration of truth serum

Narcoanalysis or narcosynthesis
Intoxication

Use of drugs that inhibit the

inhibitor
2.1 Use of Truth Serum - a misnomer!

Does not make someone tell the truth and

what is administered is not a serum but is
actually a drug

Hyoscine hydrobromide-by hypodermic injection

Depressant of CNS- (cortex, diencephalons)

Repeated doses induces to a state of delirium
Patient feels the compulsion to tell the truth, forgets
his alibi, gives details of his acts or may even
implicate others
Has potential risk, seldom used by law enforcement
agencies

Use of drugs that inhibit the

inhibitor
2.1 Use of Truth Serum

Statements taken from the subject while

under the influence of the truth serum
are involuntarily obtained hence they
are not admissible as evidence

Drugs that inhibit the inhibitor

2.2 Narcoanalysis or Narcosynthesis

Use of Sodium amytal/ Sodium pentothal

Drug causes the depression of the
inhibitory mechanism of the brain and the
subject talks freely
Administration of this drug and subsequent
interrogation must be done by a
psychiatrist with a long experience on the
line
Not admissible in court also

Drugs that inhibit the inhibitor

2.3 Intoxication with Alcohol: In Vino
Veritas

Ability of alcohol to reveal the real

person behind the mask 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)

Method Employed in Intoxication with

Alcohol

Person whose statement is to be

taken is allowed to take alcoholic
beverages to almost intoxication

At this point the power to control

diminishes and the investigator starts
pounding questions and recording
answers

Method Employed in Intoxication with

Alcohol

Questioning must start during the

excitatory state when the subject has
the sensation of his well-being and when
his action, speech and emotion are less
strained due to the lowering of the
inhibition normally exercised by the
higher brain centers.
But when the subject is already in
depressive state, he will no longer be
able to answer any question

Method Employed in Intoxication with

Alcohol

Confessions made by the subject

while under the influence of alcohol
may be admissible if he is physically
capable to recollect the facts that he
uttered after the effects of alcohol
have disappeared
But in most instances, subject can not
recall everything that he had
mentioned or he may refuse to admit
the truth of the statement given

Other Methods of Deception

Detection
3. HYPNOSIS:

The alteration 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
Subjects who are compulsive-depressive type,
strong-willed like lawyers, accountants, physicians
and other professionals are usually nonhypnotizable
Not admissible in court

Reasons why Hypnotism is

Not Admissible in Court

It lacks the general scientific acceptance

of reliability of hypnosis per se in
ascertaining the truth from falsity
The fear that the trier of facts will give
uncritical and absolute reliability to a
scientific device without consideration of
its flaws in ascertaining veracity
Possibility that the hypnotized subject
will deliberately fabricate

Reasons why Hypnotism is

Not Admissible in Court

Prospect that the state of heightened

suggestibility in which the hypnotized
subject is suspended will produce
distortion of the fact rather than the
truth
State of the mind, skill and
professionalism of the examiner are too
subjective to permit admissibility of the
expert testimony

Reasons why Hypnotism is

Not Admissible in Court

Confession while under hypnotic spell is

not admissible as evidence because
such psychiatric treatment is
involuntary and mentally coercive (Leyra
v Demro, 347 U.S. 556, 74 S Ct 716, 98
(1954)
Although hypnosis may not yield
admissibility evidence it may be of some
use during investigation as a discovery
procedure

4. BY OBSERVATION

A good criminal investigator must be a keen

observer and a good psychologist
A subject under stress on account of the
stimulation of the sympathetic nervous system
may exhibit changes that may be used as a
potential clue of deception
And since just one or a combination of the
following signs and symptoms are not
conclusive or a reliable proof of guilt of the
subject, their presence infers further
investigation to ascertain the truth of the
impression

Physiological and Psychological

Signs and Symptoms of Guilt

Sweating

Sweating accompanied by a flushed face

indicate anger, embarrassment or extreme
nervousness
Sweating with a pallid face may indicate shock
or fear
Sweating hands indicate tension

Color Change

Flushed face: anger, embarrassment and shame

Pale face: sign of guilt

Physiological and Psychological

Signs and Symptoms of Guilt

Dryness of the Mouth, Swallowing

and Licking of the lips
Excessive Activity of the Adams
Apple
Peculiar feeling inside

Tension of lightness of the head and the

subject is confused

Physiological and Psychological

Signs and Symptoms of Guilt

Fidgeting

Subject is restless, nervous and observed

to
moving about in the chair
pulling his ears
rubbing his face
picking and tweaking the nose
crossing and uncrossing his legs
rubbing the hair, eyes, eyebrows
biting or snapping fingernails, etc

Physiological and Psychological

Signs & Symptoms of Guilt

Swearing to the truthfulness of his

assertion

Usually a guilty subject frequently utters such

expressions

Matayak man tatta (Mamatay man ako ngayon)

Tamaan dak man ti kidlat(Tamaan man ako ng
kidlat)
I swear to God I am telling the whole truth
I hope my mother drops dead!
I swear to God etc
Such expressions are made to make forceful and his
assertion of innocence

Physiological and Psychological

Signs and Symptoms of Guilt

Spotless past records

Religious man

Subject may assert that it is not nor possible

for him to do anything like that inasmuch
as he is a religious man and that he has a
spotless record

Physiological and Psychological

Signs and Symptoms of Guilt

Inability to look at the investigator straight

in the eye

Subject does not look into the investigators

eyes for the fear that his guilt may be seen in
his eyes
He will rather look at the floor or at the ceiling

Not that I remember expression

Subject will resort to the use of not that I

remember expression when answering to be
evasive or to avoid committing something
prejudicial to him

5. SCIENTIFIC INVESTIGATION

Questioning of a person suspected of

having committed an offense or of
persons reluctant to make a full
disclosure of information in his
possession which is pertinent to the
investigation
May be done on a suspect or a
witness

Types of Criminal Offenders

For purposes of investigation, the

different types of Criminal Offenders:
A. Based on behavioral attitude
1. Active aggressive offenders - impulsive
manner

Aggressive behavior e.g. crimes of passion,

revenge and resentments

2. Passive inadequate offenders

Types of Criminal Offenders

B. Based on the state of the mind:
1. Rational offenders

Those who commit crime with motive or intention

and with full possession of their mental faculties
E.g.: Killing with evident premeditation

2. Irrational offenders

Those who commit crime without knowing the

nature and quality of his act.
Example: Mad killer

Types of Criminal Offenders

C. Based on proficiency
1. Ordinary offenders
2. Professional offenders

Example: Pick-pocketing and shoplifting

Types of Criminal Offenders

D. Based on Psychological classification
1. Emotional offenders

Sympathetic approach

2. Non-emotional offenders

Persons who commit crimes for financial gain

Usually recidivist or repeaters
Appeal to his common-sense and reasoning rather
than to his emotion

Some Techniques of
Interrogation

Emotional appeal
Mutt and Jeff technique
Bluff on split-pair technique
Stern approach
Subject is given the opportunity to
make a lengthy, time-consuming
narration

6. Confession

An expressed acknowledgment by the

accused in a criminal case of the truth
of his guilt as to the crime charged, or
of some essentials thereof

Is different from admission

Admission is a statement of fact by

the accused which does not directly
involve an acknowledgment of guilt

Kinds of Confession

Extrajudicial confession

Made by an accused outside of court prior

to trial
Not sufficient ground for conviction, unless
corroborated by evidence of corpus delicti

Corpus delicti body of crime or fact of specific

loss or injury sustained

Types
Voluntary
Involuntary

Kinds of Confession

Judicial confession

Made in an open court

Conclusive upon the court & may be
considered a mitigating circumstance to
criminal liability
A plea of guilty when formally entered on
arraignment is sufficient to sustain of any
offense, even a capital one, without
further proof

Sec 2, Rule 129, Rule of Court

Maltreatment of Prisoners

Maltreatment of prisoners for the

purpose of exhorting confession or to
obtain some information is a crime!

Art 235, Revised Penal Code

Penalty of arresto mayor in its medium

period to prision correccional in its minimum
period

Torture or cruel inhuman

treatment

As defined under Tokyo Declaration

Deliberate, systematic or wanton

infliction of physical or mental suffering
by one or more persons acting alone or
on the orders of any authority, to nforce
another person
to yield information
to make a confession or
for any other reason