Forensic Reviewer

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 7

UNIT 1- THE POLYGRAPH EXAMINER utilize is in good working condition and makes a

• A polygraph examiner is one who is skilled and continuous permanent recording on a moving
capable to detect deception or verify truth of chart of at least two physiological tracings.
statement through instrumentation or the use • 4. He should never render a certain or
of mechanical device. The instrument or device conclusive verbal or written opinion based on
utilized to detect deception or verify the chart analysis without having administered
truthfulness of the statements must meet the at least two or more charts.
basic • 5. He should not suggest testimony concerning
• instrumentation requirement of being capable the charts or conclusions presented by another
of recording simultaneously on a moving chart examiner unless he is methodically familiar with
the physiological responses. the techniques and procedures employed.
THE FOLLOWING ARE THE QUALIFICATIONS AND RESPONSIBILITIES OF THE INVESTIGATOR TO THE
QUALITIES EXPECTED OF A POLYGRAPH EXAMINER: SUBJECT
• 1. He must remember that he is an impartial
seeker of the truth, conducts his examination in 1. He must not wait until the last minute, after all
a professional and ethical manner, and never investigative methods and techniques have
allow his personal feelings, sympathies, or failed, the test should never be used as a last
prejudice influence the result of the resort;
examination. 2. He must not fail to investigate the case before
• 2. He should constantly bear in his mind his seeking assistance. The polygraph examination does not
primary responsibility to his subject to give establish whether a crime has been committed or not.
them all possible safeguards against error and Faulty or incomplete investigation places the examiner
must never accept for polygraph examination, 3. He should not depend on the mass screening of
any subject whose physical or mental health or possible suspects to produce the guilty party except
state makes him unfit. when no reasonable amount of investigation had
• 3. Technically, he must have a complete produced a likely suspect or materially narrowed down
knowledge of the instrument and its potentials the number of possible suspect;
and limitations, the most modern polygraph 4. Not to stop investigation if polygraph examination is
technique, proficiency in the conduct of the deferred or temporarily delayed;
polygraph examination, test construction and 5. He must not ask the test to bolster the evidence
chart interpretation. submitted to the court.
• 4. Morally, he must have a sincere desire to be 6. He must not use polygraph as a props, ruse or
a polygraph examiner in its strictest sense, by trickery to secure confession or for the evaluation of the
devoting himself to the polygraph profession mental and physical state of the suspect;
through maintenance of a high personal 7. He should not tell anyone that the polygraph would
integrity and increasing personal proficiency decide whether the subject or suspect is innocent or
through constant study and research. guilty. The court makes the decision.
RESPONSIBILITIES OF POLYGRAPH EXAMINER TO HIS 8. He must not think that investigation is over if the test
SUBJECT indicated that the subject lied or confessed.
• 1. The polygraph examiner recognizes the fact RESPONSIBILITIES OF INVESTIGATORS TO THE SUBJECT
that his primary responsibility must be the 1. Be knowledgeable about the polygraph so that he can
person who has voluntary submitted himself to talk openly and freely to the person about the test. The
a polygraph examination. subject may know very little or may have been
• 2. He should never conduct examination on a misinformed about it;
person without first the appraisal of the 2. Not to divulge detail of an offense which may be
subject’s constitutional rights, rights against utilized in application of a “peak of tension test”;
self- incrimination. 3. Recommend the test as a means for the subject to
• 3. He should never perform examination to any indicate his innocence;
person unless the instrument he is going to
4. Stress the test’s capacity for indicating through the well as see what occurs in the examination
recorded response whether a person is telling the truth; room.
5. Guarantee the subject that the examiner is qualified UNIT III- TEST PROCEDURE IN POLYGRAPH
and impartial to all persons involved in the case; EXAMINATION
6. avoid any claim for the instrument or examiner that is • THEORY OF POLYGRAPH
not backed by fact. “When a mentally normal person tells a lie,
UNIT II- EXAMINATION ROOM physiological changes occur within his/ her body that
could be recorded by a polygraph machine and
• Ideally, polygraph test should be performed in a evaluated by polygraph examiner”.
quiet, private, 90% soundproof roof. Unusual
noise, such as the ringing of the telephone or WHAT TAKES PLACE DURING POLYGRAPH
conversation of persons outside the EXAMINATION?
examination room or presence of investigators • The nervous control of the human body
or other spectators in the room itself, would includes the central nervous system ( the brain
bring disturbances and and the spinal cord) and the autonomic or
• distractions that in turn would distort the regulating nervous system which has two
different physiological recordings and seriously complimentary branches: the sympathetic and
interfere with a satisfactory polygraph parasympathetic nervous system acting
diagnosis. opposite each other.
• Whenever it is possible to do so, a special PUROSE OF POLYGRAPH EXAMINATION
equipped and furnished room should be set • To determine truth or deception based on the
aside for polygraph examinations. Such room presence of emotional disturbance of the
should be very conventional as to painted walls subject as appearing on the recorded
and furniture. It should contain NO decoration, physiological responses to question relative to
pictures or other objects that would distract the the case under investigation.
attention USES OF POLYGRAPH
• of the person being examined, or which would • 1. It is an investigative aid for the investigators
allow him capitalize on their existence for to:
psychological avoidance efforts of the types to ▫ A. Confirm the statements of victims;
be subsequently described. If Venetian blinds, ▫ B. Ascertain the credibility of the
decorations, pictures or other ornamental witness;
objects are desired, they should not be placed ▫ C. Assess truthfulness of the suspects.
in nay part of the faced by the subject during 2. It speeds up the process of investigation.
the course the test. The subject should not face 3. It eliminates the innocent subjects.
a glass window or another room during the test 4. The investigator can focus to one subject to
because possible outside distractions determine the truth or deception.
• which may affect the test responses. The OBJECTIVES OF POLYGRAPH EXAMINATION
lighting condition of the room should be 1. Determine if the subject is telling the truth by
arranged in such a way as to supply good but verifying statements an/ or comparing conflicting
not too much brightness. statements.
• It is essential that the examination room be 2. Acquire additional investigative leads to the facts
adequately ventilated with an even comfortable of an offense.
temperature. If existing facilities permit, there 3. Locate fruits or tools of crime or whereabouts of
should be an “observation room” adjoining the wanted persons.
examination room, in the wall of which there is 4. Identify other persons involved.
an inserted “one way mirror”and 5. Gain valuable information from unwilling subject.
• a concealed microphone so that a person or LIMITATIONS OF POLYGRAPH EXAMINATION
persons in the observation room may hear as 1. It is an invaluable aid, but not a substitute for an
investigation;
2. It is not a lie detector, but it is a scientific diagnostic E. The questions are read to the subject several times
instrument; while the polygraph sensors are attached on the
3. It does not determine facts, it records responses to subject’s body.
the subject knows to be true; F. After charts (polygram) have been run, the examiner
4. It is as accurate as the examiner is competent; analyzes the charts and develops a numerical score for
5. The test should not be given until enough facts of the the test. This score results in a conclusion of truthful,
case have been established to permit an examiner to deceptive or inconclusive.
prepare a complete set of suitable question. G. The examiner will transmit the test result to the
6. A test should not be administered without the client verbally and a written report may be requested.
voluntary consent of the subject. NOTE: Polygraph examinations are conducted in a
7. No indication should will be given to any person or private with no other person permitted in the
written in any report that a person is guilty because he examination room during the test except if an
refuses to take the test. interpreter is needed.
8. A test should not be administered until the PHASE I- INITIAL INTERVIEW WITH THE INVESTIGATOR
accusations have been explained to the subject. HANDLING THE CASE
9. No attempt to use polygraph for mental or physical • It is essential for the examiner to obtain
evaluation of any person. accurate information concerning all the
10. Examination should not be conducted to an unfit available facts and circumstances that form the
subject. basis for the suspicion or accusation directed
LIMITATION OF THE SUBJECT WHO WILL UNDERGO against the person to be examined in order to
POLYGRAPH EXAMINATION conduct a satisfactory polygraph examination. If
1. The subject must have a goodnight sleep at least five victim or eyewitnesses to an occurrence is
(5) hours prior to the test. available, he or she should be interviewed.
2. He must refrain from smoking for at least two (2) • Whenever several investigators have been
hours. working in the case, they should be
3. He should not undergo prolonged interrogation prior interviewed, otherwise the examiner may
to the test. obtain only garbled version of the facts of the
4. The subject must not have been subject to physical case.
abuse or body contact. • For better polygraph examination purposes
5. He must refrain from drinking alcoholic beverages, than more verbal description or even
taking sedatives, or capsule or syrup for at least twelve photographs, a crime sketch prepared by the
(12) hours prior to the test. investigator is preferred. Unless the examiner is
6. He must not be suffering from any temporary illness fully informed about the case, he will not be in
like headache, toothache, stomachache, fever, the position to conduct a sufficient pretest
menstruation (for female), severe colds and coughs. • interview with the subject. It is during this
7. He must not be hungry; and phase that the relevant, irrelevant, control and
8. He must not have sex indulgence prior to the test. sometimes the guilt complex questions are
HOW DOES THE TEST PROCESS WORK? formulated. It is also helpful for the examiner to
A. The examiner receives and reviews the facts of the know as much about the subject and his
case. background as is available. Such information
B. The examiner explains the test process to the subject facilitates the pre-test interview as well as post
and review facts of the case during pretest interview. test interrogation of a lying subject.
C. The examiner designs the specific responses and read THIS PHASE INCLUDES:
each question to the subject to make sure each one is 1. Acquiring and evaluating the facts;
easily understood. 2. Determining the areas the subject needs to be asked;
D. The polygraph instruments attached on the subject’s 3. The investigator must furnish the examiner the
body and he is given an additional instruction. following;
A. Sworn statement of the suspect, witness and victim/
complainant;
B. Incident or spot report; 4. To have an explanation of the lie detector machine
C. Background Investigation (BI) of suspects, witnesses, and what it does;
and victim/ complainant; 5. To give consent to the lie detector test;
D. Rough sketch or picture of the crime scene and other 6. Not to be compelled to undergo prolonged
facts such as: questioning;
D.1. Specific article and exact amount of money stolen. 7. Not to be expose to oral criticism or abuse
D.2. Peculiar aspect of the offense or any strange set. 8. Not to be exposed to physical, mental or
D.3. Exact time of the offense committed. psychological abuse, and
D.4. Known facts about the suspect’s action or 9. To refuse to submit to the lie detector test.
movement. PHASE III- THE CONDUCT OF INSTRUMENTATION OR
D.5. Facts indicating any connection between the ACTUAL TEST
suspects, victim and witnesses. • After the pretest interview the examiner should
D.6. Exact type of weapon, tool or firearms used. proceed to place the attachment of polygraph
D.7. Result of the laboratory test. components on the subject. In practice the first
D.8. Unpublished facts of the offense known only by the to be attached is the Pneumograph, followed by
victim, suspects and the investigator of the case. Cardiosphymograph and the Galvanograph.
Review all the questions being prepared with
PHASE II- PRE-TEST INTERVIEW the subject before the actual examination is
• The examiner pre-test interview with the made. The examiner
subject prior to the test is considered essential • should discourage any lengthy comments or
both for the purpose of conditioning the subject statement by the subject respecting the matter
for the examination and also to provoke and of incident under investigation or his disclaimer
observe indications of guilt or innocence. The of responsibility for it.
examiner should not hold back any information • Test instruction is given to the subject. Any
from the subject about the instrument its movement of the body will have an effect on
attachment or recording. This will serve to the results on the chart paper. The answer of
increase a lying subject concerned over possible the subject is limited to YES or NO in order to
detection. avoid distortion of tracing on the chart.
• The examiner should be friendly to the subject PHASE IV- POST-TEST INTERVIEW/ INTERROGATION
but reserve during the pre-test interview. No • This phase includes all consideration that bears on
accusatory approach is made in this phase. The the examination just after the instrument are
subject himself is usually the best source of turned off. If there are significant fluctuations that
information about his behavior. show up on the polygraph test result this may signal
• The primary purpose of this phase is to that the subject has been deceptive, specially if the
prepare or condition the subject for the test. person displayed similar responses to the question
THIS PHASE INCLUDES: that was repeatedly asked, the examiner will then
1. The appraisal of the subject’s constitutional right. • The examiner will then proceed to conduct short
2. Obtain subject’s consent to undergo polygraph test interrogation. The purpose of which is to obtain
by signing statement of consent. confession or admission. However, if the chart of
3. The taking of personal data of the subject. the polygraph indicates that the subject is innocent,
4. Determine his suitability as a subject. the examiner will just release the subject cordially
5. Clinical observation of the subject. and thanks him/ her for his/her cooperation.
6. Evaluating the psychological preparation of the CAN A PERSON BE COMPELLED TO UNDERGO LIE
subject. DETECTOR TEST?
7. Informing the subject of his involvement of the case. • In as much as the test requires the subject to
RIGHTS OF THE SUBJECT answer the question either by “yes or no”, it
1. To be examined by a qualified examiner; infers the use of intelligence and attention or
2. To be determined if fit for examination; other mental faculties which is self-
3. To be informed of the reason for the lie detector test;
incriminatory. Therefore, you cannot compel a person who is using these types of drugs or
person to be subjected to the test. under medication be subjected on a
IS THERE A BEST TIME OF A DAY TO CONDUCT A computerized polygraph, which is capable of
POLYGRAPH EXAMINATION? greater sensitivity.
• YES. Since it is important that the person tested CAN A PREGNANT WOMAN BE TESTED?
be capable of the maximum reactions (for
scoring purposes), that person should be well • It does not affect the outcome of a polygraph
rested prior to the examination. In other words, examination to test a pregnant woman unless
testing conducted in the morning will be more the fetus is making excessive movements or
productive than those examinations conducted causing pain to the mother during the test.
in later in the day and in the evening, these Most examiners will not test pregnant woman
significantly increases the risk of an inconclusive after the first tri- mester. Some examiners will
result. The person also should not be tested only test if there is a note from the woman’s
right after the argument, interrogation or long physician starting that there are
day of work if possible. • No complications from the pregnancy and the
CAN SOMEONE BELOW THE AGE 18 TAKE A stress of taking a polygraph test would not have
POLYGRAPH? an impact on the health of the mother or the
• YES, but the examiner must have first the fetus.
written consent of the parent or guardian of the THE GENERAL RULES IN QUESTION FORMULATION:
child. However, most examiners will not test • It must be simple and direct.
anyone who is less than 12 years age except for • They must nt involve legal terminology, such as
extraordinary purposes. rape, assault, murder killed. ect.
CAN MEDIACTION AFFECT THE TEST RESULT? • They must be answerable by yes or no only and
• YES, any drug or medication that suppress should be as possible.
normal activity of the Central Nervous System • Their meaning must be clear and phrase in a
will reduce the strength of reactions found on language the subject can easily understand.
the polygraph charts, resulting in a higher • They must not be in the form of accusation.
likelihood of inconclusive results. Examples of • Questions must never contain inference
these drugs are sedatives, anti- anxiety meds, (opinion).
blood pressure stabilizers, etc. The medication • All questions must refer to one offense only.
will not change the outcome of an examination • They must not contain inferences to one’s
it only serves to reduce the chances of resolving religion, race or belief.
problem. “WHAT TAKES PLACE ON A POLYGRAPH CHART
WHAT IF A PERSON HAS A MEDICAL CONDITION? DURING THE TEST?”
• The polygraph examination does not cause any During the test, the examiner asks question,
direct injury to the person being tested. The this question becomes verbal stimulus, and the message
only discomfort is a s standard blood pressure is received by the ear and transmitted to the brain. The
cuff, which is place on the arm (typically) and is brain analyses the question, if the question is not a
inflated for less than five minutes at a time. threat to the well being of the subject the thought
There are increase stress level during the central center discards it and the body continue to
testing process that should be considered. function normally. However, when the question is
Some medical conditions are sensitive to important to the subject, physiological chain reaction
increased stress takes place within his/her body, which is recorded by
• levels., such as some heart conditions. the polygraph instrument and can be evaluated by the
Depending on the medical conditions are polygraph examiner.
sensitive, most examiners would require an TYPES OF QUESTIONS
approval from treating physician prior in the Irrelevant Questions – without relationship to the case
administration of the examination on someone under investigation which tend to establish the
with such condition. It is suggested that a
psychological norm of the subject and to lessen the 4. Mix Question Test – intended to compare the degree
excitement produced by the relevant questions. of reaction between relevant and control question
Evidence Connecting Questions – intended to arouse 5. Silent Answer Test – the subject is given the same
the guilty subject and focus his attention on the order of question in Spot responder but instructed to
probability of incriminating proof that would establish answer the questions in his mind without utterance.
his guilt. Peak of Tension Test – applicable only to a case where
Knowledge Questions – designed to discover on the other persons, aside from the offender, victims and
information of the subject regarding the identity of the investigator, do not have knowledge on facts of the
offender. case. It is composed of 7 questions first 3 are padding,
Sacrifice or DYAT Question – divulge the subject’s the 4th relevant questions, and the 3 are also padding.
norm plus stimulus and excitement stage before the Five Variations of the Zone Comparison Technique
first relevant question. The Matte Quadri – Track Zone Comparison Technique
Control Question (Probable Lie) intended to generate a - technique in single issue test, composed of basic test
response in an innocent subject and as basis for structure and qualification system of Backster with
assessing the subject perceptual set. some refinement and addition of another spot (inside
a. Primary Control Question – known lie track) consisting of control relevant questions.
about the same or similar case but not connected to 2. Backster Tri – Zone Comparison Technique or Zone
the present case that happened 2 years from the Comparison Test (ZCT) – OTHERWISE KNOWN AS Zone
present date. of Comparison Test - used for polygraph interrogation
b. Secondary Control Question – the same particularly in criminal investigation.
with primary but not related to the present case and 3. Department of Defense Polygraph Institute (DoDPI)
has connection with his present job or activities. composed of 2 Zone Comparison Technique containing
Symptomatic Question – designed to identify and all Backster Zone Test (BI – ZONE TEST)
assess the occurrence of outside issued that has the 4. Integrated Zone Comparison Technique – developed
possibility of restraining the subject responses. by Nathan Gordon, William Waid, and Philip M. Cocheti
SKY Question – designed to verify the indirect with the most departure from original Zone Comparison
participation or guilty knowledge of the subject such Technique by Backster
as S for suspect, K for know, and Y for you. Did you 5. Utah Zone Comparison Technique – basically the
suspect, did you know and did you steal? same with single – issue test utilized for multiple issue
TEST TECHNIQUW test.
 Relevant/Irrelevant – composed of 5 set of test Chart Interpretation – is the most
1. General Question Test - important single factor in polygraph testing in
a. Irrelevant Q polygraphy. Its accuracy is dependent on the
b. Irrelevant examiner’s ability to diagnose truth or deception.
c. Weak Relevant • General Rules in Chart Interpretation
d. Irrelevant 1. There must be specific response.
e. Strong Relevant 2. To be specific, it must be a form of
f. Primary Control deviation from the norm.
g. Irrelevant 3. It must appear in at least two charts.
h. Evidence Connecting 4. The best indication of deception is the
i. Knowledge simultaneous responses in the three
j. Secondary Control tracings of the subject.
2. Cards or Number Test – intended to ensure the • Theories in an Attempt to Detect Deception
accurateness of the test on the innocent subject and to 1. Guilty subject reacts on relevant
arouse the guilty subject. questions and inhibits no reactions on
3. Spot Responder Test – designed to eliminate the spot irrelevant questions.
responder subject who illicit reactions to numbers and 2. If the responses on relevant questions
not to questions and to determine the responsiveness are greater than that of control
of the subject. question, the subject is lying.
3. If the responses on the control
questions are greater than relevant
questions, the subject is telling the
truth.
4. If the reactions to strong relevant
questions and primary control
questions are the same, the subject is
telling inconclusive.
5. If the subject reacts on control
questions, he is disturbed by another
offense – subject is innocent.
6. If the subject reacts on questions nos.
3, 5, 8, and 9 even after the same has
been in the mix question test where
the relevant questions are found on
different numbers, the subject is spot
responder.
• Admissibility of the Results of Polygraphy

Generally, the result of polygraph


examination is not admissible as evidence in court,
unless the parties have stipulated in writing duly
signed in the presence of counsel allowing the
introduction of polygraph results in the trial of the
case. However, admission or confession obtained after
or based on polygraph examination is admissible as
evidence as long as it is in accordance with the legal
requirements or constitution.

You might also like