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EXPANDED TERTIARY EDUCATION EQUIVALENCY AND

ACCREDITATION PROGRAM (ETEEAP)


REQUIREMENTS

Polygraphy – (Laboratory)

SUBMITTED BY:

MARK ANTHONY R. CANEBA

28 APRIL 2017

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CONTENT

A. Test Procedure in Polygraph Examination


B. Test Question: Types & Purposes
C. Test Techniques with some samples of set of Questions
D. Chart Marking
E. Legal & Judicial value of Polygraph Results

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TEST PROCEDURE IN POLYGRAPH EXAMINATION

When a mentally normal person tells a lie, physiological changes occur within his/her
body that could be recorded by polygraph machine and evaluated by a polygraph examiner.

WHAT TAKES PLACE DURING POLYGRAPH EXAMINATION?

The nervous control of the human body includes the Central Nervous System (CNS)-
(the brain and the spinal cord) and the automatic or regulating nervous system that has two
complimentary branches: the sympathetic and the parasympathetic nervous system acting
opposite to each other. When a person is under the influence of physical exertion or
emotional stimuli such as anger, excitement, fear, telling lie, etc. stimuli, the sympathetic will
prevail and override the parasympathetic, therefore, there will be changes in the heart rate,
pulse rate, blood pressure, respiratory tracing, psychogalvanic reflexes, time of response to
question, voice tracing, etc. The parasympathetic nervous system works to bring back things
to normal when the conditions of stress have been removed. It is the prevailing branch when
the situation is normal and the subject is calm, contented and relaxed. When the subject is
asked a series of questions, the recording of the several psycho-physiological reaction and the
scientific interpretations are the bases of the tests by the polygraph examiner.

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 a appearing on the recorded
physiological responses to question relative to the case under investigation.

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USES OF POLYGRAPH EXAMINATION

1. It serves as investigative aid for the investigators to:

a. confirm the statements of victims

b. ascertain the credibility of witnesses

c. asses the truthfulness of suspects.

2. It speeds up the process of investigation

3. It eliminates innocent subjects

OBJECTIVES OF POLYGRAPH EXAMINATION

1. Determine if the subject is telling the truth by verifying statements and/or comparing
conflicting statements.

2. Acquire additional investigative leads to the facts of an offense.

3. Locate fruits or tools of crime or whereabouts of wanted persons.

4. Identify the other persons involved.

5. Gain valuable information from unwilling subject.

The reliability of polygraph examination depends on the examiner, but the employment of the
polygraph has its limitations to include:

1. It is an invaluable aid but not a substitute for investigation

2. It does not determine facts; it records responses from the subject knows to be true

3. It is not a lie detector; it is scientific diagnostic instrument

4. It is as accurate as the examiner is competent

5. The test should not be administered until enough facts of the case have been
established to permit an examiner to prepare a complete set of suitable question.

6. A test should not be administered without the voluntary consent of the subject.

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7. No indication will be given to any person or written in any report that a person is
guilty because he refuses to take the test.

8. The test should not be administered until the accusation has been explained to the
subject.

9. No attempt to use the polygraph for mental or physical evaluation of any person.

10. Examination should not be conducted to unfit subjects.

LIMITATIONS OF THE SUBJECT TO UNDERGO POLYGRAPH EXAMINATION

1. The subject must have a good night sleep atleast five (5) hours prior to the test.

2. The subject must refrain from smoking for atleast 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.

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 aound 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.

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HOW DOES THE PROCESS WORKS?

1. The examiner receives and reviews the facts of the case.

2. The examiner explains the test process to the subject and reviews the facts of the case
during pre-test interview.

3. The examiner designs the specific questions and read each question to the subject to
make sure each one is easily understood.

4. The polygraph instrument is attached on the subject’s body and he is given an


additional instruction.

5. The questions are read to the subject several times while the polygraph sensors are
attached on the subject’s body.

6. After charts (polygram) have been run, the examiner analyses the charts and develops
a numerical score for the test. This score results in a conclusion of truthful, deceptive or
inconclusive.

7. The examiner will transmit the test result to the client verbally and a written report
maybe requested.

NOTE: Polygraph examination is conducted in a private room with no other person permitted
in the examination room during the test except if an interpreter is needed.

PHASE I. INITIAL INTERVIEW WITH THE INVESTIGATOR HANDLING THE


CASE

It is essential to the examiner to obtain accurate information concerning all the


available facts and circumstances that form the basis for the suspicion or accusation directed
against the person to be examined in order to conduct a satisfactory polygraph examination.
If the victim or other witnesses to an occurrence are available, they should be interviewed.
Whenever several investigator have been working on the case, they should be interviewed,
otherwise the examiner may obtain only garbled version of the facts of the case.

For better polygraph examination purposes than more verbal description or even
photographs, a crime scene sketch prepared by the investigator is preferred. Unless the
examiner is fully informed about the case, he will not be in the position to conduct a
sufficient pre-test interview with the subject. It is during this phase that the relevant,
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irrelevant, control and sometimes, guilt complex questions are formulated. It is also helpful to
the examiner to know as much about the subject and his background as is available. Such
information facilitates the pre-test interview as well as post test interrogation of a lying
subject.

THIS PHASE INCLUDES:

1. Acquiring and evaluating the facts.

2. Determining the areas the subject needs to be asked.

3. The investigator must furnish the examiner the following:

a. Sworn statement of the suspect, witness and victim/ complainant.

b. Incident or spot report.

c. Background investigation (BI) of suspects, witnesses, and victims/ complainants.

d. Rough sketch or pictures of the crime scene and other facts such as:

• specific article and exact amount of money stolen

• peculiar aspect of the offense or any strange set.

• The exact time of the commission of the offense

• Known facts about the suspect’s action or movement.

• Facts indicating any connection between the suspects, victims and witnesses.

• Exact type of weapon, tool or firearm used

• Result of the laboratory test

• Unpublished facts of the offense known only by the victim, suspects and the
investigator of the case.

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PHASE II. PRE-TEST INTERVIEW

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 of 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. This phase includes:

1. The appraisal of the subject’s constitutional rights

2. Obtain subject’s consent to undergo polygraph test by signing statement of consent.

3. The taking of personal data of the subject.

4. Determine his suitability as the subject

5. Clinical observation of the subject.

6. Evaluating the psychological evaluation of the subject.

7. Informing the subject of his involvement of the case investigated.

The type of test that the examiner will conduct is based on the pre-test interview. It
also serves to condition the subject physiologically for the test upon meeting the subject for
the first time. The polygraph examiner identifies himself and shakes hands with the subject.
He then guides the subject to sit on the chair. The examiner will also pulls out a chair and set
himself infront of the subject. The examiner then informs the subject of his constitutional
rights and proceed to secure the subject’s consent to undergo polygraph examination. Should
the subject given his consent, he is told to sign a “statement of consent” in duplicate, then the
examiner will ask the subject whether he was already examined by other polygraph examiner
for the same case or other separate case.

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If the answer of the subject is positive, the examiner will about inquire details of the
test as to where it was conducted, who conducted the test, the examiner will also ask whether
or not the subject was informed of the result of the past test that was conducted if any. (As a
matter of professional ethics, a polygraph examiner should not continue the test if the subject
was previously examined by any polygraphist for the same case, except, for a worthy cause
or reason). After this, the examiner will then obtain information regarding the subject’s
biodata for file or reference.

Any person who shall be subjected to undergo polygraph examination should be


informed of the following rights:

1. To be examined by a qualified examiner.

2. To be determined if fit for the examination

3. To be informed of the reason for the lie detector test.

4. To have an explanation of the lie detector machine and what it does.

5. To give consent to the subject about the test.

6. Not to be compelled to undergo prolonged questioning.

7. Not to be exposed to oral criticism or abuse.

8. Not to be exposed to physical, mental, psychological abuse, and

9. To refuse to submit to the lie detector test.

PHASE III. THE ACTUAL TEST: THE CONDUCT OF INSTRUMENTATION

After the pre-test interview, the examiner will proceed to place the attachment of
polygraph components on the subject. In practice, the first to be attached is the pneumograph,
followed by the cardiosphymograph and the galvanograph. Review all the questions being
prepared with the subject before the actual examination is conducted. The examiner should
discourage any lengthy comments or statement by the subject respecting the matter of
incident under investigation or his disclaimer of responsibility for it.

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Test instruction is given to the subject. Any movement of the body will have an effect
on the results of the chart paper. The answer of the subject is limited to YES or NO in order
to avoid distortion of tracing on the chart.

PHASE IV. POST TEST INTERVIEW/ INTERROGATION

This phase includes all consideration that bears on the examination just after the
instrument are turned off. If there are significant fluctuations that show up on the polygraph
test result that may signal the subject has been deceptive, especially if the person displayed
similar responses to the question that was repeatedly asked, the examiner will then proceed to
conduct short interrogation. The purpose of which is to obtain confession or admission.
However, if the chart of the polygraph indicates that the subject is innocent, the examiner will
just release the subject cordially and thanks him/her for the cooperation shown.

Whether you pass or fail a polygraph examination, it will often have very little legal
importance. Often, defense lawyers boast that their client has passed a polygraph. Of course,
you will rarely hear of a defendant taking a polygraph if he/she failed it. In the next lessons,
you will learn on the legalities of polygraph examination and its acceptability as court
evidence.

Can a person be compelled to undergo lie detector test?

In as much as the test requires the subject to answer the question either by YES or
NO, it infers the use of intelligence and attention or other mental faculties which is self-
incriminatory. Therefore, you cannot compel a person to be subjected to the test.

Is there a best time of the day to conduct a polygraph examination?

Yes. Since it is important that the person tested be capable of the maximum reactions
(for scoring purposes), that person should be well rested prior to the examination. In other
words, testing conducted in the morning will be more productive than those examinations
conducted in the later in the day and in the evening, these significantly increases the risk of
an inconclusive result. The person also should not be tested right after the argument,
interrogation or one day or work if possible.

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Can a person below 18 years of age qualified to be a subject for polygraph examination?

Yes, but the examiner must have first the consent of the parents or any guardian of the
person below 18. However, most examiners will not test anyone who is less than 12 years of
age, except for extraordinary circumstances.

Can medication affect the result of the examination?

Yes, any drug or medication that suppresses normal activity of the CNS will reduce
the strength of reactions found on the polygraph charts, resulting in a higher likelihood of
inconclusive result. Examples of drugs are sedatives, anti-anxiety meds, blood pressure
stabilizer, etc. The medication will not change the outcome of the examination but it serves to
reduce the chances of resolving the problem.

Can a pregnant person be tested?

Yes, a pregnant person can become a subject of polygraph examination. If the fetus is
making excessive movements inside the womb or causing pain to the mother during the test,
the test should be stopped or should not begin.

Most examiners will not test pregnant woman under any circumstances but others
conduct examination to pregnant woman after the first trimester. Some examiners will only
test if there is a note from the woman’s physician that there are no complications from the
pregnancy and the stress of taking a polygraph test would not have an impact on the health of
the mother of the fetus.

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TEST QUESTIONS: TYPES AND PURPOSES

Types of Test Questions

1. Irrelevant 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.

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: To produce a change from the subject’s norm tracing plus excitement level plus
stimulus.

To detect deception as a result of physiological changes in subject’s norm

To resolve objectivity of the polygraph examination via chat probe and further testing on
potential reaction that result.

Classes:

a. Strong or primary relevant – having an intense and specific relationship to the offense
or problem being considered.

b. Secondary or weak relevant – deals with secondary elements of the crime and probe
mostly on guilty knowledge and partial involvement.

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Types:

a. Sacrifice or DYAT – designed to uncover the subject’s attitude, cooperation towards


the test. DYAT – Do you intend to answer the question truthfully?

b. Knowledge or DYK – designed to probe whether the subject’s possess information


regarding the identity of the offender, the location of the evidence or other necessary
elements of the case facts, DYK – Do You Know?

c. 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.

d. LTQ Questions – are questions used for protection against loss of psychological
control as approaching the end of the question series.

LTQ – Lied to any Questions.

3. Control Questions – 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: To produce greater stress than offense (relevant) questions in the subject’s
responding truthfully to queries about the offense.

To evoke less stress than the offense (relevant) questions in deceitful subjects.

4. Guilt Complex Questions – are questions about the fictitious crime which is almost
similar in nature and equal in weight to the offense under investigation.

Purpose: To determine if the subject is a guilt complex reactor with an abnormal mental
association.

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To ascertain if the subject is giving reflected reactions due to knowledge of a complicity in
crime with similar situation.

To determine if there is deception in answering the relevant questions pertaining to the


offense under investigation.

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.

6. SKY Questions - S = Suspect ex. Do you suspect anyone in particular who committed
the offense? K = Know or Knowledge and Y = You.

Pupose: To confirm specific response from previous charts taken.

To detect indirect/direct involvement or guilty knowledge.

A. THREE (3) PHASES OF POLYGRAPH EXAMINATION

1. Pre-Test – is the preparatory stage for polygraph examination. These include all
consideration bearing on polygraph examination up to the time of actual activation of the
examination. (Pre-Interview, Data Collection, Introduction of the Instruments, Explanation of
the Waiver and etc.)

2. Test Execution (Questioning Phase) – the actual questioning to the subject in


polygraph examination from the time the instrumental attachment are placed on the subject
until the time instrument is deactivated.

3. Post –Test – the consideration that bear polygraph examination from the time the
instrument is deactivated following final polygraph examination until the diagnostic opinion
is reported and the case is concluded

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B. TEST PROCEDURE (ACTUAL)

1. Preliminaries – the mere observation made by the examiner to the subject upon
his/her arrival until the subjects is brought to the examination room.

2. Pre-Test or Interview – an initial interview made upon the subject before the actual
test or polygraph examination is made.

3. Test/Question Preparation – question formulation

4. Attachment – the placement of the instrumental attachment upon the body of the
subject for polygraph test.

5. Review of the test question upon the subject.

6. Actual or activation of the instrument, actual questioning and deactivation of the


instrument.

7. Diagnosis, reading and chart evaluation and interpretation.

8. Post- Interview.

9. Release of the subject.

NOTE: a polygraph tracing can be dissected into four (4) classifications or segment.

a. Average Tracing Segment – a segment within a tracing that shows no physiological


evidence in the emotional level within the stress area on the polygraph chart – polygrams. (no
value)

b. Reaction Tracing Segment – a segment within a tracing that shows physiological


evidence that the sympathetic subdivision of the autonomic nervous system has become more
active indicating a psychological change from the subject’s average emotional level. (with
Value)

c. Relief Tracing Segment – a segment within a tracing that shows physiological


evidence that the parasympathetic subdivision of the autonomic nervous system has become
active, following the stress area on the polygraph char, indicating a psychological return to
the subject’s exhibited average emotional level. (With Value)

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d. Distortion tracing Segment – a segment within a tracing that departs from the average
emotional level but lacks physiological evidence of either sympathetic or parasympathetic
activation within the stress area on the polygraph chart, indicating a lack in psychological
origin. (Conditional)

CHARACTERISTICS OF QUESTIONS TO BE ASKED:

1. They should be as much as possible answerable by mere “yes” or “no”.

2. The question should be clearly understood.

3. The question may either be shown before the subject.

4. The question must have only single unambiguous meaning.

5. Lengthily question should be avoided.

6. Avoid legal terminology such as rape, murder, embezzlement, because they are
sufficiency precise in meaning.

7. It should cover factual information; they should no9t be based on opinion.

8. It must not be in a form of accusation.

9. Question must be clear and phrase in language that the subject can easily understand.

10. They must not contain interference in one’s relation or practical belief.

TEST TECHNIQUES WITH SOME SAMPLES

OF SET OF QUESTIONS

TEST I. THE GENERAL QUESTION TEST (GQT) is the test about the case under
investigation. These are sequence of relevant, irrelevant and control questions asked in a
designed order. The questions are arranged in order to contrast the subject’s responses
between relevant questions and control questions. The answer to the questions is restricted to
yes or no only.

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Given below is a sample of GQT. The subject Jerry was suspected to have stolen the
P50, 000.00 cash money of Juan Dela Cruz in the office of the latter. The investigators then
of the case have requested polygraph examination of said suspect. Applying the several
techniques are shown in the preceding pages.

Q# TYPE QUESTION

1Q IQ Is your first name Jerry?

2Q IQ Do you know that today is Thursday?

3Q WRQ Between 1-5 PM of June 10, 2006 did you open the table drawer of Juan Dela
Cruz?

4Q IQ Are you married?

5Q SRQ Were you the one who actually stole the missing P50, 000.00 cash money of
Juan Dela Cruz?

6Q IQ Before attaining the age of 25 have you ever stolen anything?

7Q SRQ Do you know how to read?

8Q CQ Were the bunch of keys recovered under the table of Dela Cruz yours?

9Q KQ Do you know who stole the P50, 000.00 cash money of Juan Dela Cruz?

10Q SCQ Have you ever stolen anything from your current employment?

TEST II. CARD OR NUMBER TEST (STIMULATION OR VERIFICATION TEST)

Upon finishing the first test, here is another part of the test; the examiner will show to
the subject seven (7) variously numbered cards, face down. The cards are set in such a way
the examiner will right away know which card which has been chosen by the subject. The
numbers 7, 11, and 13 should not be used because other subjects are too superstitious and
numbers 6 and 9 should not be included to avoid confusion on the part of the subject. The
cards with numbers 15, 8, 5, 3, 4, 14, and 12 are used.

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The subject is given an instruction to get a card, look at it and memorize the number
of the card that was chosen and return it without showing or telling the number to the
examiner. After the selection is finished, the examiner shuffles the cards and will instruct the
subject to answer NO to each question regarding the cards, even if the number of the card he
has chosen is asked by the examiner. In short one of the subject’s answers to the questions is
a LIE.

The verification test is intended to assure the innocent examinee of the accurateness
of the test and of the test and of the competency of the polygraphist. It further serves to
arouse the guilty examinee.

TEST III. SPOT RESPONDER TEST

This test contains questions previously asked in the General Question test (GQT).
With the same number of the same question on the earlier test, the sequence is shown in the
table below.

Q# TYPE QUESTION

1Q IQ Is your first name Jerry?

3Q WRQ Between 1-5 PM of June 10, 2006, did you open the table drawer of Juan Dela
Cruz?

2Q IQ Do you know that today is Thursday?

5Q SRQ Were you the one who actually stole the missing P50, 000.00 cash money of
Juan Dela Cruz?

4Q IQ Are you married?

6Q CQ Before attaining the age of 25 have you ever stolen anything?

7Q IQ Do you know how to read?

8Q ECQ Were the bunch of keys recovered under the table of Dela Cruz yours?

9Q KQ Do you know who stole the P50, 000.00 cash money of Dela Cruz?

10Q SCQ Have you ever stolen anything from your current employment?

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TEST IV. MIXED QUESTION TEST

This test is the same with test III but questions of GQT is again mixed and the
sentences of the questions are as follows:

Q# TYPE QUESTION

4Q IQ Are you married?

1Q IQ Is your first name Jerry?

9Q KQ Do you know who stole the cash money of Juan Dela Cruz?

6Q CQ Before attaining the age of 20 have you stolen anything?

2Q IQ Do you know that today is Thursday?

3Q WRQ Between 1-5 PM of June 10, 2006 did you open the table drawer of Juan Dela
Cruz?

10Q SCQ Have you ever stolen anything from your current employment?

5Q SRQ Were you the one who actually stole the missing P50, 000.00 cash money of
Juan Dela Cruz?

6Q CQ Before attaining the age of 20 have you ever stolen anything?

8Q ECQ Were the bunch of keys recovered under the table of Juan Dela Cruz yours?

10Q CQ Have you ever stolen anything from your current employment?

TEST V. SILENT ANSWER TEST (SAT)

In this test, the subject is instructed by the examiner to avoid from giving any verbal
answer to the questions asked towards him entire the test. The subject must also be instructed
to pay attention to each question and answer the question only to himself, silently. In short,
the subject should “sub-vocalize” his/her answers.

Two important points was found to be essential in order to achieve the utmost benefits
from the test: First, the subject should understand clearly that in this kind of test (SAT) the
subject will be asked of the same questions just like on his previous tests and is exactly in the

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order they were asked before. Secondly, it is significant for the subject to understand that
though he is not to answer all test questions silently in his mind with truthful answers only.

PURPOSE OF EACH TEST

TEST IThe two irrelevant questions are designed to condition the subject to have standard
tracing and establish truth-telling pattern for the primary part of the record.

TEST II To check possible distortion when the selected number is asked.

TEST III To determine the responsiveness of the subject to critical questions and also
serves as a check on possibility of spot respond.

TEST V To serve as affirmative check

THE SUPPLEMENTARY TESTS

In order to have a better conclusion, supplementary tests may be conducted or


incorporated as part of the standard procedure as special test depending upon the result of the
standard test conducted.

1. YES TEST is conducted when there are distortions arose on the general question test
(GQT), card or third test, the yes test should be administered before the mixed question test.
The YES TEST is performed by giving instruction to the subject to answer yes to all the
questions to be asked including those questions that pertains to the issue under investigation.
The control question is removed as a preventive measure for the subject to avoid from being
concerned over the control questions and having a temptation to distort the polygraph record.

2. GUILT COMPLEX TEST is conducted when the respond to the previous questions
are doubtful. This consist of a test concerning fabricated incident of a similar nature but one
which appears to be real is so far as the subject is concerned. The purpose of this test is to

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compare the responses with those that emerge on the actual test record when questions were
asked about the issue under investigation.

3. PEAK OF TENSION TEST is applicable when the subject was not informed by the
investigator or any other person or the print media of all the vital facts of the offense in
question.

The investigator prepares seven (7) questions in which one of them has a
specific bearing on the case under investigation. The specific question must refer to several
facts of the event that the subject doesn’t know.

Example: 1Q -Introductory phrase plus padding question – Do you know whether


the stolen watch of Jenny is a Citizen?

2Q - Padding – Is it a Seiko?

3Q - Padding – Is it a Rolex?

4Q - Padding – Is it a Guess?

5Q - Padding – Is it a Gucci?

6Q - Padding – Is it a Timex?

7Q - Padding – Is it a Bulova?

4. THE ZONE COMPARISON TECHNIQUE (ZCT) is one of the techniques in polygraph


examination developed by Cleve Backster. It has sub-techniques to include the following:

1. Backster Tri-Zone Comparison Technique (BTZCT) is usually used for polygraph


interrogation regarding single issue; particularly used in criminal investigation.

2. Matte Quadri-Track Comparison Technique (MQZCT) was developed by Prof. James


Allan Matte in 1977 after 2 years of research and experimentation with facetious (teasing)
crime test used in conjunction with actual test in real life circumstances; employed to deal
with an innocent subject’ fear of error and the guilty subject’s hope of error.

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3. Bi-Spot Zone Comparison Technique (BZCT) was developed by the DoDPI also
known as BiZone Comparison Test.

4. Integrated Zone Comparison Technique (IZCT) was developed in 1987 by Nathan J.


Gordon, William W. Waid and Philip M. Cocheti; most significant deviation from the
original ZCT of Cleve Backster.

5. The Utah Zone Comparison Technique (UZCT) is the improved version of BZCT.
Some trditinal polygraph examiners still use and they ususlally administer it in this manner:

a. Chart I: ZCT without SKY

b. Chart II: Card or Number Test (Stimulation Test)

c. Chart III: ZCT without SKY

d. Chart IV: ZCT without SKY

CHART MARKING

Chart marking is the process of writing standard and customized signs on the
polygraph chart to denote the subject’s reactions and other circumstances that occur during
the actual polygraph test. Marking the paper chart while the polygraph pens are writing on it
will facilitate the evaluation and interpretation of the subject’s reactions.

Chart 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.

Stimulus 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.

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Polygram refers to the compete 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.

It was Cleve Backster who developed and introduced uniform chart marking. In 1959,
he completed a 4-page article entitle “Uniform Chart Marking” which was published by CH
Stoelting Company. Standardized chart markings used by the PE/FP in conducting a
polygraph examination enable the reconstruction of the test conditions for subsequent
independent review and analysis.

The following chart markings are uniformly used by FP during polygraph


examination:

SYMBOL USE/ DESCRIPTION WHERE IT IS PLACED

X Beginning point of the test Below the c/tracing

XX Ending point of the test -do

I (Stimulus mark) beginning and ending point of a stimulus question -do

+ indicates YES or affirmative answer of the subject -do

--- indicates NO or negative answer of the subject -do

T-T Talking made by the subject other than the normal “Yes or No” -do

TI Talking instruction is given by the PE -do

C Coughing made by the subject Below p/tracing where break is present

M Movement of the subject limb or body Exactly above/ below break in the
tracing

MI Movement instruction given by the PE Below the c/tracing

Increasing mechanical adjustment Adjacent to pattern where adjustment is made

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Decreasing mechanical adjustment -do

CT Subject cleared his throat Usually placed below the p/tracing

OSN Outside noise penetrated the polygraph examination room Below g or p/tracing
where deviation is present

S The subject made a sigh At the break point of p/tracing

SN The subject sniffed Below the p/tracing where sniff was noted

SZ The subject sneezed Below p/tracing at the point where it happened

B The subject burped or belched Below the p/tracing where it coccured

L The subject laughed Below break point of p/tracing

Y The subject made a yawn Below pneumo tracing

VC Voice change while answering question At the break point of the cardio tracing

IM The subject made an involuntary movement -do

ARM Movement of arm due to extraneous factors usually caused by BPC discomfort
Below the cardio tracing

BI The examiner gave a breathing instruction Below the cardio tracing

R The subject requested for repetition of question Below the cardio tracing

PJ Paper jam occurred during the test Below the cardio tracing

Other markings written on the paper chart which are necessary for identification and
filing purposes. Take note that after the actual test, the subject is required to put his signature
along the 3 (or 4) tracings on the Polygram for purposes of positive identification (ID).
Specifically, the markings are written above the pneumo tracing near the beginning of the
paper chart, are the following:

1. Subject’s name and position of rank

2. date and time of the actual test

3. Test / Chart number

4. Examiner’s name of initials

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LEGAL AND JUDICIAL VALUE OF

THE POLYGRAPH RESULTS

IN GENERAL

Although perfection in the test is not a pre-requisite to the admissibility of evidence


obtainable by the use of scientific instrument or techniques, the standard practice has been to
grant judicial recognition only after the proponents of the unprecedented evidence have
shown that the instrument of technique has a reasonable measure of precision in its
indications, and that it is an accepted one in particular profession or field of science to which
it belongs. A more modern view will accord judicial recognition upon the general acceptance
by specialist within a profession or field of science, even though the group as a whole may be
completely unfamiliar with the instrument or technique.

Irrespective of the guidelines of admissibility, the prevailing judicial attitude, as of


January 1977, was one of a general unwillingness on the part of the Appellate Courts to
approve the admissibility of Polygraph Test Result as trial court evidence. Exceptions
however, have been made by a number of State Appellate Courts whereby the test results
may be used pursuant to a pre-test agreement and stipulation between the opposing parties.
Moreover, One State Supreme Court has held the results to be admissible where subject to
certain condition, the defendant request a polygraph examination and agrees to permit the
results to be used even though they may be unfavorable to him; an another Supreme Court
has held that a defendant is entitled, as a matter of constitutional “Due Process”, to have the
test results admitted as evidence, provided proof is forthcoming as to test reliability and the
examiner competency.

UNITED STATES OF AMERICA (USA)

In 1972, in the case of Reid vs. State, the Indiana Supreme Court sustained the
admissibility of Polygraph Test Results for the purpose of rebutting the defendant’s
testimony, but it did so upon the basis of a “waiver” concept, because the defendant’s
testimony had filed a pre-trial petition for an order permitting him to submit to a polygraph
examination. Judge Charles W. Jeiner of the District Court of Michigan admits or sustained
the admissibility of the Polygraph Results as evidence in the case on the “United States vs.
Ridling”. He also stated that in order that the Polygraph Results may be admitted as an
evidence, it must passed thereof the two essential requisites/grounds; a. if a subject agrees to
take a Polygraph Test after being aware of his privilege to refuse (following the Miranda

25
warnings, where required), he waives his privilege. B. There can be no coercion at the time
the Test is taken if it is to be a valid test.

In USA, they have specific laws that provide sanctions regarding the use of polygraph
method. The most significant law is the Employee Polygraph Protection Act (EPPA) of 1988.
This law prohibits most private employers from using polygraph testing to screen applicants
for employment. It does not however affect public employees such as police agencies or other
governmental institutions.

Every court jurisdiction in USA must be checked to determine admissibility standards


of polygraph examination result. Some courts allow the introduction of polygraph evidence
while other courts have not. In most cases, polygraph evidence is used during pre-trial
investigation and preparations rather than during the actual trial.

In criminal cases, the history regarding the use of polygraph goes way back in 1932
during the investigation of the Lindbergh Kidnapping Case.

At the US Federal level, there have been specific legal cases that have shaped the
admissibility of results of polygraph examination. The results of these cases are mixed- there
have been some federal circuits that have admitted polygraph results, while others have flatly
denied them. Here are just a few of the legal cases that have shaped how polygraphs are
viewed by the US Courts:

1. Frye v. United States (1923)

2. United Sates v. Piccinona (1989)

3. Daubert v. Merrell Dow Pharmaceuticals (1993)

4. United States v. Scheffer (1998)

Few representative cases involving admissibility of polygraph examination result in


USA are listed below distributed in some states:

1. Arizona - State v. Mendez

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2. California - People v. Espinoza

3. Delaware - Foraker v. State

4. Hawaii - State v. Okumura

5. Indiana - Sanchez v. State

6. Kansas - State v. Wakefield

7. North Carolina - State v. Fleming

8. Ohio - State v. Hesson

9. Texas - Perkins v. State

10. Federal Courts:- US v Pasado

- US v. Thomas

- US v. Piccinonna

- US v. Galbreth

PHILIPPINES

In the Philippines, no law has been enacted yet to officially permit or limit the use of
polygraph machines. Nor is there any proposed bill regarding polygraph examination that is
already filed at the congress, Hopefully, a law similar to EPPA of 1988 of USA will proposed
here in our country for the future.

In the Philippines, in People of the Philippines Vs. Amado Daniel alias “Amado Ato”
accused-appellant (86 SCRA 511-541), the Supreme Court quoted that; “The efficacy of the
Polygraph depends upon the time, place and the circumstances when taken and the nature of
the Subject”.

Other criminal cases in the Philippines that involve the use of polygraph examination
results are the following:

1. People of the Philippines vs. Amado Daniel alias Amado Ato (Supreme Court Reports
Annotated (SCRA). Vol 86, pp. 511-541. (Rape)

27
2. People of the Philippines vs. Danilo J. Bajas (Criminal Case No. 92-7817 at the RTC
of Makati Branch 146 MM). (Illegal Possession of Firearm).

3. Judith Asilo vs. Melanio M. Sporas; Virginia L. Sporas and Elena Falzon. (Criminal
Case No. 94-6985 at the RTC of Makati Branch 146 MM) (Estafa)

Civil cases involving results of polygraph examination are included in the following
civil cases:

1. Crisencia Isaguirre vs. Elvira Isaguirre, et. al. (Civil case No. 58092 filed in the RTC
of Pasig Branch 162 MM)

2. Jesusa Reyes and Conrado B. Reyes vs. Bank of the Philippine Islands (BPI).
(Criminal case No. 91-3453 in the RTC of Pasig Branch 142 MM)

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:

1. Polygraph examination is not yet standardized as to the qualifications of the


polygraph examiner.

2. Polygraph examination is not yet standardized as to testing procedure.

3. Polygraph is not yet standardized as to instrumentation.

Asides from this case, there are several cases I our country both civil and criminal
cases where the results of the Polygraph Test were taken into accounts or considerations.

The Basic law that provides legal sanctions covering criminal confessin is found in
the 1987 Constitutional provision was further emphasized in other subsequent sections. RA
No. 7438, otherwise known as the law that defines the rights of the accuse under custodial
investigation must have to be observed during criminal interrogation as part f the Miranda
Doctrine/Warning.

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REFERENCES

Dalilis, H.T., Pagnas, D.P. & Curugan, M.B., (2003) Handbook on Polygraphy: The Basics.
Baguio City: J.C. Palabay Enterprises, Inc.

King-eo, Chester (2006). Introduction to Specific Lie Detection. Unpublished notes from the
University of the Cordilleras: Baguio City

Tradio, C.M. (1997) A Compendium on Criminalistics. Manila: Central Law Bookstore Co.,
Inc.

Curugan, Rosemarie, et al., (2002). Handout on Polygraphy. Unpublished notes of University


of Baguio: Baguio City.

Solis, Pedro P., (1987) Legal Medicine. Quezon City:Garcia Publishing Corporation

Mitchell, M.P., (2002). Notes on Lie Detection. Unpublished notes of PLT College:
Bayombong, Nueva Vizcaya.

Valdez, Gaudencio., (1998) Notes in Lie Detection. Unpublished notes of University of


Baguio, Baguio City.

Llamas (2002) How to catch a Liar. Manila. Rex Books Store

Trovillo (1939) The Truth Verifier. Quezon City: ABC Publishing Company.

http:www.pinn.net/-sunshine/main html

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http://www.truthverifier.com.html

http://wwwpolytest.org/polyfaq.htm

http://www.polygraphplace.com/docs/information.shtml?results

Microsoft Encarta Reference Library 2002. 1993-2001 Microsoft Corporation

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