MODULE 6 Legal and Ethical issues in Polygraph Testing

In most states in the United States, polygraph evidence is admitted (or not admitted) on a case-by-case basis.

However, a properly conducted test given by a preeminent examiner is often given great scrutiny by the court and
attorneys on the other side. Under those conditions, a passing test can lead to dismissal of charges or a better deal in
a plea bargain.

EXAMPLE:

Dr. Rovner is one of only a few polygraph experts in America who has had a polygraph test admitted in a criminal
trial, over the objection of the prosecution.

When does the Polygraph Result Admissible in Court?

1.When the examination is conducted upon a court order.

2 When 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

Can A Person Be Forced To Be Subjected For A Polygraph Test?

No.

In no state can anyone be forced by the police or anyone else to take a polygraph examination.

Lawyer's Assistance

People suspected of a crime and police are trying to make on take a polygraph test should speak to a lawyer
immediately.

No one can ever be forced to take the test, and suspected people should speak to an experienced criminal lawyer,
whether they should agree to a polygraph test and what would be in their best interest.

What Law or Jurisprudence gives the Basis of Polygraph Admissibility?

In the Philippines.

In People 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"

(Rape Case) 20 November 1978 en banc.

In People v. Adoviso [G.R. Nos. 116196-97. June 23, 1999], appellant argued that the negative outcome of the
polygraph examination should be given weight to tip the scales of justice in his favor. However, the court excluded
the result of polygraph examination because the polygraph has not yet attained scientific acceptance as a reliable and
accurate means of ascertaining truth or deception citing an American case - People v. Daniel.

COLLATERAL ASPECT OF POLYGRAPH

Pre-employment Screening provides a safe method in verifying statements of a job applicant, prevents false
evaluation and false judgment as reported by previous employers who carry a personal grudge against him when the
subject is applying for a job
Periodic Screening

 conducted to organic constant deterrent to create a bond of mutual. We call it as personnel.

Intelligence Testing

 provide a scientific method of testing the intelligence of a person

ADVANTAGES OF PRE-EMPLOYMENT SCREENING FOR THE EMPLOYEE

1. Prevent false evaluation and unfair judgment due to personality conflicts reported by a previous supervisor or
employer.

2 It does away with lengthy waiting while the employment application is being checked, telephone, telegram or
letter.

3. Eliminate the potential hazard of a person knowing to work alongside with others who might endanger their lives
or job security.

4. Provides a safe method for a person to be cleared of unwarranted suspicion and unjust accusation and malicious
gossip.

5. It will create a bond of mutual strength between employees.

6. It create a desire for incentives

ADVANTAGES OF PRE-EMPLOYMENT SCREENING FOR THE EMPLOYER

1. Provides an accurate method, whereby the employment background of an applicant and relevant issues collateral
thereto can be immediately Checked and verified at a negligible cost.

2. Detect the chronic alcoholic job jumper and accident-prone person.

3. Reveals some of the unusual aspects concerning the psychologically mal-adjusted agitator amateur professional
theft in private industry. And

4. Reduces costly personnel turnover by helping management put the right person on the job and ascertaining an
applicant attitude toward job permanent.

5.Acts as a constant deterrent to employee dishonesty and permits basically honest employees to work in greater
harmony with basically honest employees.

USE OF THE WORD ASSOCIATION TEST

Lists of stimulus and non-stimulus words are read to the subject who is instructed to answer as quickly as possible.

The answers to the question may be "yes" or "no".

Unlike the lie detector, the time interval between the words uttered by the examiner and the answer to the question is
recorded.

The test is not concerned with the answer, be it a "yes" or "no". The important factor is the time of response in
relation to stimulus or non-stimulus words.

Note: Like the use of the lie detector, the subject cannot be compelled to be subjected to the test without consent.

USE OF PSYCHOLOGICAL STRESS EVALUATOR (PSE)

When a person speaks, there are audible voice frequencies, and superimposed on these are the inaudible frequency
modulations which are products of minute oscillation of the muscle of the voice mechanism.

Such oscillations of the muscles or micro tremor occur at the rare of 8 to 14 cycles per second and controlled by the
central nervous system.

When a person is under stress as when he is lying, the micro tremor in the voice utterance is moderately or
completely suppressed.

The degree of suppression varies inversely to the degree of psychological stress on the speaker.

The psychological stress evaluator (PSE) detects, measures, and graphically displays the voice modulations that we
cannot hear.

When a person is relaxed and responding honestly to the question, those inaudible frequencies are registered clearly
on the instrument.

When a person person is under stress, as when he is lying, these frequencies tend to disappear.

BASIC PROCEDURE OF PSE

1. The examiner meets the requesting party to determine the specific purpose of the examination and to begin
formulation of relevant questions.
2. A pre-test interview is conducted with the subject to help him or her feel at ease with the examiner, to
provide an opportunity to specify matters, to eliminate outside issues, and to review questions that will be
asked.
3. An oral test of about 12 to 15 "yes" or "no" questions is given which is recorded on a tape recorder. The
questions are a mixture of relevant and irrelevant questions.
4. Immediately following the test or at a late time, the tape is processed through the Psychological Stress
Evaluator for analysis of answer.

5. If stress is indicated, the subject is given authority to provide additional clarification. A retest is given to
verify correction and clarification.

Advantages of Psychological Stress Evaluator over the Lie Detector Machine

 It does not require the attachment of sensors to the person being tested.
 The testing situation need not be carefully controlled to eliminate outside distraction.
 Normal body movement is not restricted.

Use of drugs that "inhibit the inhibitor

ADMINISTRATION OF TRUTH SERUM

The term "truth serum" is a misnomer.

The procedure does not make someone tell the truth and the thing administered is not a serum but is a drug.

In the test, byoscine hydrobromide is given hypodermically in repeated doses until a state of delirium is induced.

When the proper point is reached, the questions truthfully. He forgets his acts or may even implicate others

NARCOANALYSIS OR NARCOSYNTHESIS

 This method of deception detection is SODIU practically the same as that of administration of truth serum.
  The only difference is the drug used. Psychiatric sodium amytal or sodium pentothal is administered to the
subject.
 When the effects appear, questioning starts.
 It is claimed that the drug causes depression of the inhibitory mechanism of the brain and the subject talks
freely.
 The administration of the drug and subsequent interrogation must be done by a psychiatrist with a long
experience on the line.
 Like the administration of truth serum, the result of the test is not admissible in court.

INTOXICATION WITH ALCOHOL

The apparent stimulation effect of alcohol is the result of the control mechanism of the brain, so alcohol, like truth
serum, and narcoanalytic drugs "inhibit the inhibitor".

The ability of alcohol to reveal the real person behind the man which all of us are said to wear ("mask of sanity") is
reflected in the age-old maxim, "In vino veritas" ("In wine there is truth").

HYPNOSIS

It is the alteration of consciousness and concentration in which the subject manifests a heightened of suggestibility
while awareness is maintained.

Note that not all persons are susceptible to hypnotic induction.

The hypnotic state is characterized by:

 That it is a comfortable state or complete relaxation in which the subject will readily and willingly
cooperate in every way with the hypnotizer. That it is not actually a sleep.
 That the subject will do whatever he is told to do. That the hypnotizer will not order him to do anything
injurious.
 After the test, the subject will wake up with a feeling of comfort and refreshment.

Reasons why Hypnosis is NOT acceptable in court

 It lacks the general scientific acceptance of the reliability of hypnosis per in ascertaining the truth from
falsity.
 The fear that the truer of fact will give uncritical and absolute
 reliability to a scientific device without consideration of its flaw in ascertaining veracity that the subject
will do whatever he is told to do.
 The possibility that the hypnotized subject will deliberately fabricate.
 The prospect that the state of heightened suggestibility in which the hypnotized subject is suspended will
produce distortion of the fact rather than the truth.
 The state of the mind and professionalism of the examiner are too subjective to permit admissibility of the
expert testimony

OBSERVATION

A good criminal investigator must be a keen observer and a good psychologist.

A subject under trees on account of the stimulation of a sympathetic nervous system may exhibit changes which may
be used as a potential clue of deception.

Signs or Clues of Deception

 1. Swearing to God and failure of the subject to look straight into examiner eyes.
2. Rapid movements of Adam's apple among males. Hysteria among females or women.
3. Shedding tears of both sexes.
4. Arrogance or indifference to interrogation.
5. Biting upper and lower lips after a hot stimulus is propounded.
6. Changes on the color of the face.
7. Complete and total denial of the case under investigation. Questioning accuracy on the polygraph machine.
8. Sarcastic laugh of the subject or a force laugh restlessness of the subject.
9. Show of unnecessary movements of legs & head
10. Changing seats from chair to chair
11. Frequent excuses to go to the comfort room
12. Asking the examiner for a drink or a smoke
13. Perspiration despite being in an air-conditioned room
14. Answering questioning by beating around the hush when question questioning and answered yes or no
15. Asking the examiner to repeat the question although propounded clearly.
16. Asking counter remarks "Who? Me?"
17. Referring to prominent people and mutual friends
18. Shifting blame to someone else or pointing guilt
19. Refusal to submit to polygraph examination.
20. Consenting to polygraph examination but refusing to sign the consent (written).

Physiological and Psychological Signs and Symptoms of Guilt

1. Sweating, color change, or dryness of the mouth

2. Excessive activity of Adam's apple
3. Fidgeting
4. "Peculiar feeling inside"
5. Swearing in the truthfulness and assertion
6. "Spotless past record
7. " Inability to look at the eye "investigator "straight in the eye.
8. "Not that I remember" expression