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Review Notes Lie Detection Techniques
Review Notes Lie Detection Techniques
I. INTRODUCTION
The knowledge of the truth is an essential requirement for the administration of criminal justice. The
success or failure in making decisions may rest solely on the ability to evaluate the truth or falsity of the
statement given by the suspect or witness. Modern scientific methods have been devised utilizing
knowledge of physiology and psychology in determining whether a subject is telling the truth or not.
Psychophysiology – a science involving the presentation of stimuli to one or more of the human
senses to determine the effects of those stimuli when physiologically processed on selected
psychological activities.
The science of psychophysiology studies the correlations between the mind, behavior, and bodily
mechanism.
Forensic Psychophysiology – a science that deals with the relationship and application of
psychophysiological detection of deception examination to the legal system.
It has been observe that in majority of cases when a person tells a lie or commit an act of deception,
he will experience a feeling of guilt, fear or anxiety. When this happens, it triggers a set of reactions in the
body’s Nervous System characterized by the “fight or flight” response. The recording of the
aforementioned psycho-physiological reactions of a subject when he is subjected to a series of physical
and emotional stimuli (guilt, fear or anxiety), and the scientific interpretation by trained experts are the
basis of the various methods of detecting deception.
Nervous System - is a system of cells, tissues and organs that regulates the body’s responses to internal
and external stimuli.
The nervous control of the human body includes the Central Nervous System (Brain and Spinal Cord)
and the Peripheral Nervous System.
a. Central Nervous System – primarily controls the motor and sensory functions. It is composed of
the brain and spinal cord.
b. Peripheral Nervous System – carries information to and from the Central Nervous System. The
Peripheral Nervous System is divided into the following sections:
2) Motor/Efferent Nervous System – carries information from the Central Nervous System to
organs, muscle, and glands.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
a) Somatic Nervous System – controls organs under voluntary control. This system is said to
be voluntary because the responses can be controlled consciously.
ii) Sympathetic – it controls activities that increase energy expenditures. Often referred
to as the body’s “fight or flight” system because it prepares the body for
emergencies. It shunts the blood to the muscles and increases blood pressure, heart
rate and breathing rate, enabling the body to cope with stressful situations.
When a person tells a lie or commits an act of deception, the liar will make a decision to fight or flee.
When an arousal occurs, the sympathetic nervous system will dominate and over ride the
parasympathetic nervous system and the following involuntary changes in the body will take place:
1. Breathing will become deeper to bring more oxygen into the lungs;
2. The spleen will release stored red blood cells to carry extra oxygen to the muscles;
3. Stored glucose will be released for additional energy;
4. Extra blood platelets will released into the bloodstream, to prevent blood clot;
5. The brain will produce endomorphins, neurotransmitters which block out the immediate
feeling of pain;
6. The pupils of the eyes will dilate, lowering perceptual thresholds and producing an increased
receptivity to external stimuli;
7. Digestion will be suppressed apart from the rapid metabolism of sugars for instant energy;
8. Sweating will increase to deal with heat from activated muscles;
9. The long term immune system is suppressed;
10. Blood will be diverted from skin to the vital organs and muscles; and
11. The pituitary and adrenal glands will release stored hormones (adrenaline and noradrenaline)
into the blood stream to maintain levels of arousal.
When the autonomic nervous system is at work, the liar will have a less control of his body
movements. Aware of these changes, the liar will try to take control to conceal his guilt, fear or anxiety.
He can manipulate some, but not all. Parasympathetic nervous system will work to restore things to
normal when the conditions of stress have been removed. It is now the dominant branch when the
condition is normal and the subject is calm, contented and relaxed.
A. Lies
➢ Any falsehood or untruth knowingly told without regard to its specific purpose; or
➢ Falsehood or untruth that deceives or creates a false impression in the mind of another.
➢ A false statement knowingly made and on purpose with the intention of deceiving.
The most basic component of a lie is the statement of falsehood or untruth. It is because, if there
is no falsehood or untruth, there could not be a lie at all.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
Types of Lies
1. Direct Denial – this is a direct denial of the act in question that creates an emotional sense of
disturbance. This disturbance refers to the conflict between what is true and the attempted
deception that creates an internal battle in the mind. The reply given to a query must be
evaluated in terms of what was asked to know if the answer is proper.
2. Lie of Omission – usually used because it is simple to tell. It is committed by telling the truth
while omitting details that could create possible troubles.
4. Lie of Minimization – accepting that something has occurred but downplays the implication.
Could be used if wanted to stay close to the truth.
5. Lie of Exaggeration – used to exaggerate things for the hope of obtaining some advantage.
3. Malicious Lie – chronic lie purely used to misled justice, a pure dishonesty to obstruct justice.
B. Liars
1. Panic Liar – a person who lies in order to avoid the consequences of confession. He/she is
afraid of embarrassment to love ones and is a serious blow to his/her ego.
2. Occupational Liar – is someone who has lied for years. This person is a practical liar and lies
when it has higher payoff than telling the truth.
3. Tournament Liar – a person who loves to lie and is excited by the challenge of not being
detected. He/she views an interview as another contest and wants to win. He/she lies because
it is the only weapon remaining with which to fight. This person realizes that he/she will
probably be convicted but will not give the satisfaction of hearing him/her confess. He/she
wants people to believe that the law is punishing an innocent person.
4. Ethnological Liar – a person who was trained not to be a squealer. This person loves to be
interrogated and has taken a creed either personal or with others, that he/she will never
reveal the truth.
5. Psychopathic Liar – this type of liar has no conscience. He/she shows no regret for his
dishonest actions and no manifestation of guilt. This is the most difficult type of liar because
he is a good actor.
6. Pathological Liar – a person who cannot distinguish what is right from wrong. These are those
people who are mentally sick.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
1. Trial by Combat – originated from India. A rich man or accuser could hire somebody or
bigger one to fight the accused, after the fight the loser is adjudge guilty of crime.
2. The Method of Ordeal – Trial or Judicium Dei is a common method of deciding guilt or
innocence and a practice of referring disputed questions to the judgment of God,
determined by various means, particularly by physical tests.
a. Red Hot Iron Ordeal – this form of trial was used among the hill tribes of Rajhamal
in the north of Bengal (India) where the accused was apt to be told to prove his
innocence by applying his tongue to red hot iron nine times (unless burned
sooner). If burned, he was put to death (perhaps a sense of guilt made the mouth
dry).
c. Boiling Water Ordeal – According to the laws of Athelstan, the first king of
England, the ordeal of boiling water consisted of lifting a stone out of the boiling
water, with the hand inserted as deep as the wrist. More serious offenses
demanded that the arm was submerged up to the elbow. The burn was bandaged
for three days before fateful examination.
d. Cold Water Ordeal – The person allowed the ordeal of cold water, the usual mode
of trial for witchcraft, was flung into a body of water. In this ordeal, the accused
was tied at feet and hands and was lowered to cold water by rope. This rope is
tied around the defendant’s waist and had a knot at a particular distance from
the torso. If both knot and accused dipped beneath the surface of the water, the
accused was proven innocent. If the knot is dry or the water refused to receive
him, the defendant was guilty.
f. Ordeal of Red Water – The ordeal of the “sassy bark” or red water is used in the
wide region of Eastern Africa. The accused is made to fast for twelve hours, and
then swallows a small amount of rice. He is then immersed into dark colored
water. The water is actually emetic and if the suspect ejects all the rice, he is
considered innocent of the charge. Otherwise, the accused is guilty.
h. Ordeal of the Bier – It was an ancient belief that the slain dead could point out
their killer. In England, it was customary for the accused to approach the bier
where the corpse lay. In the view of the witness, the wounds of the victim were
observed to see if they began to bleed again. They believe that murderer is near,
which causes the blood to flow out from the wounds of the victim. This ordeal
was recorded well by Shakespeare in “Richard III”.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
i. Ordeal of the Needle – A red hot needle was made to pierced the lower lip of the
alleged criminal, and if the blood flowed from the wound, he was deemed guilty;
but if none, he is innocent, Wanaka, Eastern Africa practiced this ordeal.
j. Ordeal by Heat and Fire – The accused walked barefooted over red hot coals, or
was made to walk through fire, if he was unharmed by fire he was considered
innocent.
k. Ordeal of the Tiger – Practiced in Siam, the accused and the accuser are placed
inside a cage of a tiger; if the tiger spare one of them, he is considered innocent.
Development of Cardio-Sphymograph
1. Angelo Mosso (1895) – he studied fear and its influence on the heart. His observation
subsequently formed the basis for detecting technique. He developed the
sphygmomanometer and “scientific cradle”, which was designed to measure the flow of
blood while a person lay on his back in a prone position.
3. William Moulton Marston (1915) – he was considered as the father of the modern
polygraphy .He dealt with the sphygmomanometer and made researches on the
usefulness of sphygmomanometer in detecting lies, which was use to obtain periodic
discontinuous blood pressure reading during the course of test. He recorded the
respiration and noted the time of subject’s verbal responses. He also experimented with
galvanometer to record skin resistance changes and gripping device to record tension
5. Leonarde Keeler (1949) –in 1949, he invented the “Keeler polygraph” which is an
improvement of Larson apparatus. This apparatus was with components for recording
blood pressure, pulse and respiration changes.
Development of Galvanograph
1. Luigi Galvani (1791) –He an Italian physiologist who was accorded the distinction for
developing the galvanic skin reflex (GSR) or the galvanometer, which records electrical
bodily resistance in terms of ohms, the lowest current ever record. The GSR reflected
emotional changes by measuring changes in person ‘s skin resistance to electricity
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
2. Sticker (1897) –He made the first suggestion for using galvanograph for detecting
deception based on the work of several predecessors. He theorized that galvanic skin
reflex is influenced by existing mental impression.
3. Veraguth (1907) He was the first one to use the term “psychogalvanic reflex”. He believed
that the electrical phenomenon is due to the activity of sweat glands.
1. John E. Reid (1950) – He developed the “reviewed control question” consisting of know
lie incorporated into relevant-irrelevant test. The theory of the test is to stimulate the
innocent subject, to identify the general nervous tension and guilt complex reactor and
to improve contract between innocent and guilty subjects. H e also discovered the” guilt-
complex test” administered to the overly responsive subject.
2. Cleve Backster (1960) – Backster conceived psychological sit theory that forms the basis
of his zone comparison technique that provide constant monitoring of the subject
reactivity and designed to disclose outside issue. This is known as the “Backster Zone
Comparison Test”.
3. Sir James Mackenzie (1906) –A famous heart specialist. It was said that the” polygraph”
exists as early as 1906 but is not being used to detect deception. He first described the
instrument in an article entitled “The Ink Polygraph” which appeared in the British
medical journal in 1908
6. Francis Galton (1879) –He developed the much acclaimed psychological test know as the
Word Association Test, whereby the patient is presented with group of words sufficiently
separated in time allow the patient to utter his first thought generated by each word.
Dr.Carl Guztav Jung later developed the work and the experiment of Galton
8. Anton Mesmer (1778) – In 1778 he was the first one to introduce hypnotism as a method
of detecting deception.
V. POLYGRAPHY – refers to the scientific method of detecting deception with the aid or used of the
polygraph machine.
A. Nature of Polygraphy
1. Polygraph is an instrument used for instrumental interrogation. It does not and cannot detect
lies. It is incapable of drawing or interpreting any conclusions. It is a sensitive machine, which
need interpretation.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
2. Polygraph is designed and constructed to assist the expert examiner in arriving at an expert
diagnostic opinion. The best machine is useless in the hands of someone who does not know
how to utilize an instrument.
3. The so-called “Lie Detector” is the man operating the machine and the value of the polygraph
is directly proportionate to the knowledge, skill, education, competence, training and ability
of the examiner. The man as a fallible human being should not be overlooked and therefore
examiner are subjected to errors.
The conscious mental effort of a mentally normal person to lie causes psychological changes
within his body that could be recorded by the polygraph instrument and diagnosed or evaluated by
the polygraph examiner.
The purpose of polygraph examination is to determine truth or deception based on the presence
of emotional disturbance of the subject as appearing on the recorded physiological responses to
question relative to the case under investigation.
D. Uses of Polygraphy
1. Determine if the subject is telling the truth by verifying statements and 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 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, and these are the following:
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
8. A test should not be administered until the accusations have been explained to the subject.
9. No attempt to use polygraph for mental or physical evaluation of any person.
10. Examination should not be conducted to an unfit subject.
The following are the conditions of subject to be considered fit during polygraph examination:
a. The subject must have a good night sleep of at least five (5) hours prior to the test.
b. The subject must refrain from smoking for at least two (2) hours.
c. The subject should not undergo prolonged interrogation prior to the test.
d. The subject must not have been subjected to physical abuse or body contact.
e. The subject must refrain from drinking alcoholic beverages, sedatives, or
capsule/syrup for at least twelve (12) hours prior to the test.
f. The subject must not be suffering from any temporary illness like headache,
toothache, stomachache, fever, menstruation (for female), severe colds and coughs.
g. The subject must not be hungry.
h. The subject must not have sex indulgence prior to the test.
Polygraph Examiner – an individual who, by virtue of his/her education, training and experience, is
capable of conducting a valid and reliable polygraph examination for the purpose of determining whether
or not a subject honestly believes his/her own statement and answers concerning an issue are in fact
truthful.
A. Moral Qualities
B. Technical Qualifications
1. The examiner must be a licensed and well trained at the polygraph training facility.
2. The examiner must have a complete knowledge of the instrument and its capabilities and
limitations as to the most polygraph techniques.
3. The examiner must be proficient in the conduct of polygraph examinations, test
construction and chart interpretation.
1. The examiner recognizes the fact that his primary responsibility must be to the person
who has voluntarily submitted himself to a polygraph examination.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
2. The examiner should never conduct examination on person without first the appraisal of
the subject’s constitutional rights, rights against self-incrimination.
3. The examiner should never perform examination to any person unless the instrument he
is going to utilize is in good working condition and make a continuous permanent
recording on a moving chart of at least two physiological tracings.
4. The examiner should never render a certain or conclusive verbal or written opinion based
on the chart analysis without having administered at least two or more charts.
5. The examiner should not suggest testimony concerning the charts or conclusions
presented by another examiner unless he is methodically familiar with the techniques and
procedures employed
Polygraph – is an instrument that monitors a person’s physiological reactions. It specifically designed for
recording changes in blood pressure, pulse, respiration, and skin resistance as indicative of emotional
disturbance especially of lying when questioned.
2. Computerized Polygraph – this new system includes complicated chart analysis formulas and
inkless display system, subject recorded responses are shown in the computer screen and not
being recorded on a roll of chart paper. Has built – in aids for scoring of the charts and
prevents equipment failures that are sometimes experience with mechanical equipment.
1. Pneumograph – records changes of the thoracic and abdominal breathing of the subject.
It is made up of the following:
i. Rubber-convoluted tube – attached over the chest and abdomen area of the
subject. The tube is around 10 inches long; one end of which is sealed and the
other end is connected to the instrument by another thick walled rubber tube
considerably in diameter than the pneumograph tube itself.
Volume changes of the chest caused by breathing are transmitted by the chest
assembly to the recording unit. These activate the bellows which move forward and
backward pushing the crankshaft. The crankshaft applies a torque to the countershaft
upon which the pen cradle is attached. The forward and backward movement is
recorded on the chart paper.
2. Galvanograph – records changes in the skin resistance of the subject to very small amount
of electricity. The overall function of this component is to detect changes in the skin
resistance of the subject, amplify these changes and record it on the chart. It is composed
of the following:
a. Finger Electrode Assembly – two metal plates are connected to the last joint of
subject’s left index and ring finger and into the instrument in such a manner that the
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
skin resistance is a circuit element of the machine. It consists of finger electrode plate
with retainer bonds and connecting plug.
b. Amplifier Unit – detects any changes in the skin resistance of the subject, amplifies it
and furnishes current to operate the galvanometer.
a. Blood Pressure Cuff Assembly – a medical blood pressure cuff containing a rubber
bladder wrapped and attached around the upper right arm of the subject that
transmit impulse against the brachial artery. The cuff is connected to the instrument
and a hand pump with a pressure indicating gauge.
b. Pump Bulb Assembly – inflates the system and a hose connects the blood pressure
cuff through which the blood pressure changes and passed into the recording unit.
d. Vent – provides the means by which air in the system can be released.
e. Resonance Control – provides the means for reducing or increasing the amount of air
pressure to reach the brass bellows unit and thus reduce or increase the amplitude
of pen excursions.
f. Centering Control – provides for adjusting the tracing so that the composite record
pattern would be on the guideline.
g. Recording Unit – records the blood pressure and pulse rate changes on the chart
paper through a 5-inch recording pen.
4. Kymograph – the motor that pulls or drives the chart paper under the recording pen
simultaneously at the rate of 6 to 12 inches per minute. It also has a chart or paper feed
mechanism. It is composed of the following:
The chart must travel at a uniform speed to facilitate valid interpretations. Chart
paper is driven past the recording pen shaft at uniform speed of 6 inches per minute.
Chart rolls are about 100-ft. paper is imprinted with horizontal lines ¼ inch interval
(20Divisions) and vertical lines at 1/10 inch intervals with heavy lines at ½ inch divisions
across the paper represents 5 seconds of time.
NOTE: In the attachment of the polygraph components, 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 tracing will not distract him.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
A. Examination Room
Phase I – Initial Interview with the Investigator handling the case – essential for the examiner to
obtain 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. It is during this phase that test questions are formulated. This
phase includes:
1. Relevant Questions – question having an extreme and specific relationship to the crime
or matter under investigation.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
2. Irrelevant Question – devised without definite relationship with the case under
investigation. Intended to established subject’s physiological norm and to lessen the
excitement stage produced by relevant question.
a. Primary Control Question – based on known lie. It concern about actions that
transpire within three (3) to five (5) years time prior to case under investigation
occurred.
5. Symptomatic Question – intended to identify and assess the occurrence of outside issues
that might restrain subject’s responses to the relevant question.
6. SKY Question – intended to verify the previous charts and detect indirect participation or
guilty knowledge.”S” stand for Suspect; “K” stands for Know; “Y” stands for You.
Phase II – Pre – test Interview – essential both for the purpose of conditioning the subject for the
examination and also to provoke indications of guilt or innocence. It must be conducted in a
friendly manner and no accusatory approach is made in this phase. The primary purpose of the
pre-test interview is to prepare or condition the subject for the test. This phase includes:
In as much as the test requires the subject to answer the questions either by “yes”
or “no”, it infers the use of intelligence and attention or other mental faculties which is
self-incriminatory. Therefore, an examiner cannot compel a person to be subjected to
polygraph test, it is a violation of a person’s right against self incrimination. In addition to
these, any person undergoing polygraph examination shall also have the right to:
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
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Test Techniques:
Test I General Question Test – about the case under investigation. These are sequence of
relevant, irrelevant and control question asked in a designed order. It is arrange 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.
Purpose:
➢ To get the standard tracing of the subject
➢ To established a true telling pattern for initial part of the record
Test II Card or Number Test (Stimulation or Verification Test) – intended to assure the
innocent examinee of the accurateness of the test. It further serves to arouse the guilty
examinee.
Purpose:
➢ To check the possible deliberate distortion when the chosen number is
ask
➢ To obtain a chart wherein the subject is not under stress
Test III Spot responder Test – contains questions previously asked in General Question
Test.
Purpose:
➢ To determine the responsiveness of the subject to crucial question and
also serve as a check on possibility of spot respond
Test IV Mixed Question Test – the test is the same with Test III but the Questions of GQT
is again mixed
Purpose:
➢ To compare the degree of reaction between control and relevant
question
Test V Silent Answer Test – subject is instructed by the examiner to avoid from giving any
verbal answer to the questions that are to be asked of him during the test.
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Purpose:
➢ To serve as an affirmative check
2. Peak of Tension Test – applicable only in cases where subject has not been informed by
investigator or by other person or other sources like print media of all vital facts of the
offense in question. The investigator prepares several questions and 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.
a. Yes Test – in cases where a distortion arises on the general question test, 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 all 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.
b. Guilt Complex Test – if the respond to the previous test is doubtful, it becomes
essential to conduct this as additional test. This consists of a test concerning
fabricated incident of a similar nature but one which appears to be real in so far
as the subject is concerned. The purpose of this test is to compare the responses
with those that emerge on the actual test record when question were asked
about the issue under investigation. The guilt complex question acts as a defense
against mistaking the relevant question responses of the guilt complex reactor
for deception responses that is, it acts as a specialized control question.
C. Chart Marking – facilitate evaluation and interpretation of test chart, markings are made with the
use of signs and symbols to enable the examiner to determine the following:
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
The examiner can be able to determine on the Chart Markings are the following:
D. Chart Interpretation
3. The Cardinal Rule in Chart Interpretation is “Any changes from normal require an
explanation”.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
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Response – changes or deviation from normal recording of the pneumo, a cardio and
galvo tracing which emerge as the subject answers to the test question
Norm – refers to the type of cardio, pneumo and galvo tracings produced by the subject’s
body on a moving chart paper prior to the insertions of relevant questions.
4. The best indication of deception is the simultaneous specific responses in the three (3)
tracing of the chart.
NOTE:
➢ A thorough evaluation of norm is compulsory in chart interpretation.
➢ Norm should always be considered primarily against deviation from norm as the
result of certain stimuli.
➢ Norm is the keynote in differentiating responses containing true deception
criteria and those created only by impact of the stimuli itself.
E. Chart Probing – conducted every after the taking of each chart. The examiner shows the recorded
result with brief explanation as to the importance of the recorded reactions. He points out the
difference between reactions accompanying irrelevant questions. The examiner informs the
subjects that the probing being done is essential, in order to attain the test objectives.
A. Validity
Use of polygraph or any other scientific tool or technique in a forensic setting, wherein
the rights of individuals are involved, should be based on the demonstrated validity and reliability
of technique. With respect to polygraph, the question is whether the polygraph examiner is
consistently able to detect deception.
1. Nervousness or extreme emotional tension experienced by a subject who is telling the truth
regarding the offense in question but who is nevertheless affected by:
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
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a. Apprehension induced by the mere fact that suspicion or accusation has been
directed against him;
b. Apprehension over possibility of an inaccurate lie-detector test result;
c. Over-anxiety to cooperate in order to assure an accurate test result;
d. Apprehension concerning possible physical hurt from the instrument;
e. Anger resentment over having to take a lie-detector test;
f. Over-anxiety regarding serious personal problems unrelated to the offense under
investigation;
g. Previous extensive interrogation, especially when accompanied by physical abuse;
and
h. A guilt-complex or fear of detection regarding some other offense which he had
committed.
a. No fear of detection;
b. Apparent inability to consciously control response by means of certain mental sets of
attitudes;
c. A condition of “sub-shock” or “adrenal exhaustion” at the time of the test;
d. Rationalization of the crime in advance of the test to such an extent that lying about
the offense arouses little or no emotional disturbance.
e. Extensive interrogation prior to the test.
B. Legal Aspects
The polygraph examiner’s opinion, analysis and interpretation of the test chart generally
are not acceptable as evidence particularly if standing alone. The examiner may testify in the
voluntariness of any statement, admission or confession obtained after an individual agreed to
the test.
Polygraph and expertise testimony relating thereto can be admissible upon stipulation to
corroborate with other evidence of the defendants participation in crime charge or to corroborate
to impeach of his own testimony under the following condition:
a. The counsel of both parties and subject all have sign written stipulation providing for
his admission to the graph and examiner’s opinion thereon in behalf of either
defendant or the state.
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b. That the admissibility of test result is subject to the discretion of the trial judge, if the
trial judge is not convinced that the examiner is qualified or the test was conducted
in a proper condition, the judge may refuse to accept such evidence.
c. That if the graph and the examiner’s opinion are offered in evidence, the opposing
party shall have the right to cross examine the examiner respecting the following:
d. That if such evidence is admitted, the examiner testimony does not tend to prove any
element of the crime that which a defendant is charge. That test is only to indicate
that at the time of the examination subject was not telling the truth. It is the trial
judge who will determine the weight and effect of such testimony.
NOTE: Failure of Counsel to object to admissibility of test result of polygraph constitutes waiver.
Reasons for the inadmissibility to the court of the result of polygraph examination:
1. The polygraph techniques are still in the experimental stage and have not received the
degree of standardization of acceptance among scientists.
2. The terrier of fact is apt to give almost conclusive weight to the polygraph expert’s
opinion.
3. There is no way to assure that a qualified examiner administered the test. The polygraph
is capable of a high degree of accuracy only when conducted under controlled conditions
by an examiner who is highly qualified due to his ability, experience, education and
integrity.
4. Since the polygraph involves a certain unconscious quality of the examinee, he may
unwittingly waive his or her right against self-incrimination. It becomes necessary to
determine the scope of the defendant’s waiver if he voluntarily submits to the test.
5. The test itself cannot be relied upon because it has many errors.
1. Word Association Test – a list of stimulus and non-stimulus words are read to the subject
who is instructed to answer as quickly as possible. The answer to the questions maybe a “yes”
or a “no”. The time interval between the words uttered by the examiner and the answer of
the subject is recorded. When the subject is asked questions which has no relation to the
subject matter of the investigation, the tendency is to answer quickly. But when a question
has bearing to the subject matter of investigation, the tendency is to delay the answer.
NOTE:
➢ The important factor is the time of response in relation to stimulus or non-stimulus words.
➢ The subject cannot be compelled to be subjected to the test without his consent.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
2. Psychological Stress Evaluator (PSE) – detects measures and graphically displays the voice
modulations that we cannot hear. When the person is relaxed and responding honestly to the
questions, those inaudible frequencies are registered clearly on the instrument. But when the
person is under stress, as when lying, these frequencies tend to disappear.
NOTE:
➢ The term “truth Serum” is a misnomer. It does not make someone to tell the truth.
➢ The thing administered is not a serum but actually a drug that acts as a depressant on the
nervous system.
➢ The use of drugs is dangerous and should only be made by a physician who is experience
in using the drug.
➢ Statements obtained from the subject under the influence of Truth Serum are
involuntary. Hence, it is not admissible as evidence in court.
NOTE:
3. Intoxication with Alcohol – the apparent situational effect of alcohol is really the result of the
control mechanism of the brain. Therefore, alcohol, like truth serum and narcoanalytic drugs
“inhibit the inhibitor”.
NOTE: 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 has uttered after the effects
of alcohol have disappeared.
C. Hypnosis – is the alteration of consciousness and concentration in which the subject manifest a
heightened of suggestibility while awareness is maintained.
NOTE: Not all persons are susceptible to hypnotic induction. Subjects who are compulsive-
depressive type and strong-willed are usually non-hypnotizable.
D. Observation – subject under stress on account of the stimulation of the sympathetic nervous
system may exhibits changes which may be used as a potential clue of deception.
2. Color Change – if the face is flushed, it may indicate anger, embarrassment or shame. A
pale face is a more common sign of guilt.
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REVIEW NOTES IN LIE DETECTION TECHNIQUES BY:
JOPHER F. NAZARIO, RCrim., MSCJ
3. Dryness of the mouth – nervous tension causes reflex inhibition of salivary secretion and
consequently dryness of the mouth. This cause continuous swallowing and licking of the
lips.
4. Excessive activity of the Adam’s apple – on account of the dryness of the throat aside
from the mouth, the subject will swallow saliva from the mouth and this cause the
frequent upward and downward movement of the Adam’s apple.
6. “Peculiar feeling inside” – there is a sensation of lightness of the head and the subject is
confused. This is a result of his trouble conscience.
7. Swearing to the truthfulness of his assertion – expressions made to make forceful and
convincing his assertion of innocence.
8. “Spotless past record” – “Religious man” – the subject may assert that it is not possible
for him to do “anything like that” inasmuch as he is a religious man and that he has a
spotless record.
9. Inability to look “straight in the eye” – the subject does not like to look at the investigator
for fear that his guilt may be seen in the eyes. He will rather look at the floor or ceiling.
10. “Not that I remember” expression – the 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.
NOTE: Since that just one or a combination of the 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.
NOTE:
After such warning and in order to secure a waiver, the following questions should be
asked. An affirmative answer to each questions constitute a waiver to the rights:
a. Do you understand each of these rights I have explained to you?
b. Having these rights in mind, do you wish to talk to us now?
*** END***
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