ST.

CECILIA’S COLLEGE-CEBU INC

College of Criminology
De La Salle Supervised School
Ward 2, Poblacion Minglanilla, Cebu

SUBJECT:
Lie Detection Techniques

COURSE CODE:
FOR 5

PREPARED BY:
JHON APRIL F. DE PAZ, RCrim

MODULE 3 – Test question formulation and factors affecting the accuracy of the Polygraph
technique

OBJECTIVES:

 Identify and discuss the factors that affect the accuracy of polygraph techniques and the limitations
and barriers of the Polygraph technique
 Understand the process and identify the mechanics in the formulation of test questions
 Identify and describe the different types of Test questions, General Questions tests,
Supplementary test questions, and Question sequencing
LEGAL ASPECTS OF POLYGRAPH

POLYGRAPH OBTAINED DURING AN EXAMINATION IS GENERALLY NOT ADMISSIBLE

AS EVIDENCE IN COURT OR EVEN IF ALLOWED CAN NOT STAND ALONE.HOWEVER,
STATEMENTS AND CONFESSIONS OBTAINED THROUGH THE USE OF POLYGRAPH
INSTRUMENTS ARE ADMISSIBLE PROVIDED ALL OTHER REQUIREMENTS THAT THE
SUBJECT IS APPRAISED OF HIS APPLICABLE RIGHTS IN THE PRESENCE OF HIS
COUNSEL. IN THIS RESPECT NO SUBJECT CAN BE COMPELLED TO TAKE THE TEST.
EXPERT TESTIMONY ON POLYGRAPH MAY BE ADMITTED AS EVIDENCE SUBJECT TO
THE DISCRETION OF THE TRIAL JUDGE. ALTHOUGH PERFECTION IN TEST RESULTS
IS NOT A PREREQUISITE TO THE ADMISSIBILITY OF EVIDENCE OBTAINABLE BY THE
USE OF SCIENTIFIC INSTRUMENTS OR TECHNIQUES, THE PRACTICE HAS BEEN
GRANTED JUDICIAL RECOGNITION ONLY AFTER PROPONENTS OF THE
UNPRECEDENTED EVIDENCE HAVE SHOWN THAT THE INSTRUMENT OR
TECHNIQUES HAS A REASONABLE MEASURE OF PRECISION IN ITS INDICATION AND
THAT IS ACCEPTED ONE IN PARTICULAR PROFESSION OR FIELD OF SCIENCE TO
WHICH BELONG.

(case of PP vs CAPUNO 3565 SCRA 249 April 04, 2001)

Admissibility, Accuracy of Polygraph Examination Result

Is Polygraph Examination Result Admissible in Court?

Yes, if allowed by the Judge. The Judge will unlikely to use the Polygraph test if an unaccredited and
inexperience examiner administered the test

The public opinion on the result of polygraph testing is not allowed in court under any circumstances

Polygraph and expert testimony relating thereto can be admissible upon stipulation to support other
evidence of a defendant’s involvement in a criminal charge his testimony under the following condition:

 That the admissibility of a polygraph test result is subject to the decision of the trial judge for
example if the trial judge is not persuaded that the examiner is competent or that the test was
conducted under proper conditions, he may reject to accept such evidence.
 That the counsels of both parties and the subject sign a written condition providing for his
admission to the examination and for the succeeding admissions at trials of the graphs and the
examiner’s opinion thereon on behalf of either the defendant or the state.
 That if the examiner’s opinion is offered as evidence, the opposing party shall have the right to
cross-examine the examiner respecting:

a. The qualification and training of the examiner

b. The stipulation under which the test was administered
c. The restrictions and possibilities of the errors of the technique
d. At the good judgment of the trial judge, any other matter deemed important to the inquiry;
and
e. That if such evidence is admitted, the examiner’s testimony does not incline to prove or
disprove any element of the crime with which a defendant is charged but at most tends only
 to specify that at the examination, the subject was not telling the truth. The trial judge shall
determine the weight and the effect of such testimony

Why is Polygraph Examination is Self-Incriminating?

 Because whatever is taken from his/her body can be used against him/her

Is Polygraph Result Conclusive?

 No, because the polygraph result is opinionated.

The legal status of Polygraph

When the Polygraph Result is Admissible in Court:

1. When the examination is conducted upon a court order

2. When a business suffers economic loss and the employee of that business who refuses the exam is
implicated
3. When the Polygraph is made a condition or precedent to employment in continuous employment
4. When the nature of the subject’s relation to the public so demand. (Public Trust is paramount)

Accuracy of Polygraph Examinations

In the past 75 years, studies have been conducted on the accuracy of polygraph testing. Since
many different conditions and factors are involved in the research, and since a polygraph examination is a
very complex process, it is difficult to draw from the data a precise figure for the accuracy of polygraph
testing in all settings. Nevertheless, the preponderance of available information indicates that when a
properly trained examiner utilizes an established testing procedure, the accuracy of the decisions made by
polygraph examiners is generally in the range of 85 – 95% for specific issue investigations.

Factors that affect the accuracy of the Polygraph results

 The instrument
 The condition of the subject
 The condition of the examination room
 The qualification and skills of the examiner.

Formulation of test question

The phraseology of the test question is an extremely important aspect of the examination. The
questions, and every word used in the questions must be unambiguous, unequivocal, and thoroughly
understandable by the subject.

The questions must be states as simply as possible, and with a complete avoidance of such double
inquiries as “did you shoot him and then run into the house”

All questions must have only a single, unambiguous meaning

 There should be an avoidance of lengthy questions

Simplify questions. Avoid legal terms such as rape, murder, embezzlement, etc.

General and specific rules to be followed in the formulation of questions:

1. Questions must be simple and direct

2. They must not involve legal terminologies such as rape, murder, etc.
3. They must be answerable by yes or no only
4. Must be short as possible
5. Their meaning must be a clear and unmistakable phrase in a language that the subject can
easily understand
6. They must not be in the form of accusation
7. Question must never contain an interferencthatch presupposes knowledge on the part of
the subject
8. All questions must refer to one offense only
9. All questions must refer to only one element of an offense
10. They must not contain interferences to one’s religion, races, and beliefs.

Different types of questions

1. Irrelevant questions – these questions are formulated without any specific relationship with the
case under investigation. They are assigned an established subject’s physiological norm to reduce
the excitement level created by a relevant question, in this question the examiner usually refers to
dates, names places, subject’s position, etc.
2. Relevant questions – these are the primary or key questions asked by the examiner in order to
resolve a specific subject matter. Its purpose is to detect deception, as a result of this type of
question in the polygraph examination in chart probing and interrogation.

GENERAL QUESTION TEST

This test is about the case under investigation. These are a 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.

1Q – Irrelevant: no relevance the case under investigation

2Q – Irrelevant: (same in number 1)
3Q – Weak Relevant: concerns with the secondary guilty knowledge and partial involvement
Example: Between 10:00 a.m. and 11:00 p.m. on February 14, 2007, did you open the table drawer of
Miss Malas?
4Q – Irrelevant: (same as the first two questions)
5Q – Strong Relevant: it is a verbal stimulus of primary importance projected in the form of a question
that may overcome the psychological excitement, its level may cause the three major components to trace
change based on the subject’s physiological form. It is formulated and constructed to test the direct
involvement only and specifically designed to produce an emotional response in a guilty subject.
Example: where are you the one who actually stole the missing assorted pieces of jewelry from Ms.
Malas?
6Q – Control Question: it is designed to produce a response on the innocent subject and serve as the basis
for evaluating the subject’s perceptual set. This question must be answerable by NO only. They are
related to the matters under investigation but are similar in nature though less serious. They are questions
to which the subject in all probability will lie or at least his/her answer will give some concern with
respect to their truth or accuracy.
Example: before reaching the age of 21 years old, have you ever stolen anything?
7Q – Irrelevant: (same with the questions 1, 2, and 4)
8Q – Evidence Connecting Question: it is designed to stimulate the lying subject and focus his/her
attention on the probability of incriminating proof that would tend to establish his/her guilt.
Example: were the fingerprints lifted on the table drawer of Ms. Malas yours?
9Q – Knowledge Questions: it is designed to prove whether the subject possesses information regarding
the identity of the offender
Example: do you know for sure who stole the missing assorted pieces of jewelry from Ms. Malas?
10Q – Secondary Control Question: deals with the present activity of the subject
Example: have you ever stolen anything from your present employment?

Purpose:
1. To get the standard tracing of the subject
2. To establish a truth-telling pattern for the initial part of the record.

Other types of questions asked in the General Question Test

WEAK RELEVANT - it concerns some secondary element of the crime or problem and deals with mostly
guilty knowledge and partial involvement

STRONG RELEVANT - it is defined as a verbal stimulus of primary importance projected in the form of
a question that overcomes a psychological excitement level and causes changes in the subject's
physiological norms.

EVIDENCE CONNECTING QUESTION - it is designed to stimulate the guilty subject and focus his
attention on the probability of incriminating proof that would tend to establish his guilt

KNOWLEDGE QUESTION - this question is designed or begun to probe whether the subject possesses
information regarding the identity of the offender, the location of pieces of evidence, or item of a
secondary element of the case

SPOT RESPONDER

This test question was previously asked questions in General Question Test (GQT). With the
same number of the same question on the earlier test, the sequence would be:

1Q – Irrelevant:
3Q – Weak Relevant:

2Q – Irrelevant:
5Q – Strong Relevant:

4Q – Irrelevant:
6Q – Control Question:
7Q – Irrelevant:
8Q – Evidence Connecting Question:
9Q – Knowledge Questions:
10Q – Secondary Control Question:
Purpose:
1. To determine the responsiveness of the subject to crucial/critical questions and also serve as a
check on the possibility of spot responses.

MIX QUESTION

The test is the same with spot responder but questions of GQT are mixed and the sequences of the
question are as follows:

4Q – Irrelevant:
1Q – Irrelevant:
9Q – Knowledge Questions:
6Q – Control Question:
2Q – Irrelevant:
3Q – Weak Relevant:
10Q – Secondary Control Question:
5Q – Strong Relevant:
6Q – Control Question:
2Q – Irrelevant:
8Q – Evidence Connecting Question:
10Q – Secondary Control Question:

Purpose:
1. To compare the degree of reaction between control and relevant question

SUPPLEMENTARY TEST

Aside from the standard tests described above, the following special tests may be performed and
incorporated as part of the procedure or may be used as supplementary tests depending upon the result of
the standard test in order to draw a better conclusion.

Peak-of-Tension Test:

The subject may be given this test if he is not yet informed of the details of the offense for which
he is being interrogated by the investigator, by other persons, or from other sources like the print media.

This valid test is only made possible when there is no widespread publicity about a crime where
intimate details as to the methods of commission or certain facts of the case are known from the victim
and investigator.

The questions formulated are similar in nature and construction, only one of which is true and the
perpetrator who would naturally be in possession of such unpublicized knowledge will usually exhibit a
rise in the tracing up to that particular question followed by a decline thereafter, caused by relief of
knowing that a dreaded question dangerous to his well-being, is past.

Examples of Peak-of-Tension Test

 a. Do you know whether the stolen watch from Allan is a Seiko? (this is an introductory phrase plus
padding question0
b. Is it an Omega? (padding)
c. Is it a Rolex? (padding)
d. Is it a Timex? (Relevant Question)
e. Is it Alba quartz (padding)
f. Is it a Citizen? (padding)

Guilt Complex Test

This test is applied when the response to relevant and control questions are similar in degree and
in consistency and in a way that the examiner cannot determine whether the subject is telling the truth or
not.

The subject asked questions aside from the irrelevant, relevant, and control questions, a new
series of relevant questions dealing with a real incident and that which the subject could not have
committed.

If the subject does not respond to the added relevant questions, it indicates that the subject was
being deceptive as to the primary issue under investigation. However, no conclusion can be drawn if the
response to added guilt complex is similar to the real issue questions.

Silent Answer Test (SAT)

This test is conducted in the same manner as when relevant and control questions are asked but
the subject is instructed to answer the questions silently, to himself, without making any verbal response
causes distortion in the tracing such as sniff or clearing the throat.

References
Adra, M. Q., & Tancangco, D. L. (2013). The Essentials of Polygraphy. Wiseman' Book Trading, Inc.

Rodriguez, M. S. (2015). The Essentialls of Polygraphy and Lie Detection. Chapter House Publishing
Incorporated.

Simon, J. (2018, November 21). Retrieved from Career Trend: https://careertrend.com/list-7614772-

ford-1910-tractor-specs.html

Synnott, J., Dietzel, D., & Ioannou, M. (2015, July 8). Retrieved from Taylor&Francis Online:
https://www.tandfonline.com/doi/full/10.1080/23744006.2015.1060080#:~:text=The%20first%
20polygraph%20was%20created,(1932).

Villaluz, J. C., Revisa, W. A., & Panganoron, C. (2014). Polygraphy Lie Detection. Wiseman's Books
Trading, Inc.
Activity

1. When the polygraph result is admissible in court?

2. Define General question test

3. Define silent answer test

4. Discuss the accuracy of polygraph examination

5. Discuss the legal aspects of polygraph