FORMULATION

OF TEST
QUESTIONS
The phraseology of the test question
● is an extremely important aspect of examination. The questions
and every word used in the questions must be unambiguous,
unequivocal and thoroughly understandable by the subject. For
instance in a rape or dastardly case, if the subject is uneducated and
knows only words or expressions that are crude equivalent for sexual
intercourse they should be used Likewise if the sex act under
investigation is one of fellatio, it would be futile, when testing a
person unfamiliar with the meaning of the word, to label the act in
any other way the common place terminology.
The phraseology of the test question
● Questions are formulated from information supplied by
the investigator, facts of the case/ initial investigation
report, sworn statement of the complainant/ suspect /
witnesses.

● The questions possibly formulated by examiner must be:

The phraseology of the test question
● Simple and direct
● They must not involve legal terminology, such as rape, assault,
murder/ killed and etc.
● Answerable by yes or no only and should be as short as possible.
● Their meaning must be clear and phrase in a language the subject can
easily understand
● They must not be in a form of accusation
● Question must never contain inference
● All questions must refer to one offense only and
● They must not contain inferences to one's religion, race or belief.
 Two Types of Test in Polygraph Examination

● GENERAL QUESTION TEST

• It is about case on hand this is a series of relevant and irrelevant
question and controlled question asked in a planned order. The
questions are so between relevant and controlled questions. (note the
answer arranged in order to compare the subject's responses of the
subject is limited to Yes or No only and the first two question under
the general question test are irrelevant and relevant).
 Two Types of Test in Polygraph Examination

• Irrelevant. No relevance to case under investigation. Irrelevant: (same in

number 1)
• Weak Relevant : Concerns with the secondary elements of the offense of
crimes and deals mostly on guilty knowledge and partial involvement.
• Example: Between 10: 00 a.m. and 11: 00 p.m. February 14, 2007, did you
open the table drawer of Miss Malas?
 Two Types of Test in Polygraph Examination

• Irrelevant: (same of the first two question).

• Strong Relevant : It is a verbal stimulus of primary importance projected in

the form of a question which may overcome the psychological excitement,
its level may cause the three major components tracing change based on the
subject's physiological form. It is formulated and constructed to test the
direct involvement only and specifically designed to produce emotional
response in a guilty subject. Example: Where you the one who actually stole
the missing assorted jewelries of Ms. Malas?
 Two Types of Test in Polygraph Examination

• Control Question: It is designed to produce 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?
 Two Types of Test in Polygraph Examination

• Irrelevant (same with the question 1,2,and 4 the question has no relation to the case)
• 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. In formulating the question, the examiner must secure
information from the investigator whether or not fingerprints, footprints, tools or
other evidence were collected from the crime scene. Irrespective of whether or not
such evidence were collected such known to the subject, the examiner proceeds with
the questions.
• Example: Were the fingerprints lifted on the table drawer of Ms. Malas are yours?
 Two Types of Test in Polygraph Examination

• Knowledge question: It is designed to prove whether the subject possess information

regarding the identity of the offender.
• Example : Do you know for sure who stole the missing assorted jewelries of Ms.
Malas.
• Secondary Control Question: Deals with the present activity of the subject.
• Example: Have you ever stolen anything from your present employment?
 Two Types of Test in Polygraph Examination

● PEAK OF TENSION TEST

• The test is utilized when the details of the facts have not been
established. This means that there should be no common knowledge
between the suspect and the investigator or the polygraph examiner.
The chances of a guilty perpetrator being caught are extremely bigger.
The subject is instructed to answer “No” only.
NOTE: The purpose of the first two question on the general question
test is:
 THE GENERAL RULE IN CHART
INTERPRETATION
● There must be specific response to be specific, it must form a
deviation from the norm.

● The specific responses must appear in at least two (2) test charts and

● The best indication of deception is the simultaneously specific

responses in the three (3) tracing charts.
THE LEGAL RULE IN CHART INTERPRETATION

● Is that there must be specific responses and the specific responses

must appear consistently the same in releveant question in two or
more charts.
Sample question on Relevant and Irrelevant
Question
● 1. Have you been called Trisha?
● 2. Do you know that today is ____________?
● 3. Did you steal Tom Hank bracelet last Monday morning?
● 4. Are you in Davao City now?
● 5. Did you stab Tom Hank last Monday morning?
● 6. Did you ever steal anything else?
● 7. Did you ever go to school?
● 8. Were those footprints near the body of Tom Hank are yours?
● 9. Do you know for sure who stabbed Mr. Tom Hank?
● 10. Did you ever steal anything from a place where you worked?
 LEGAL ASPECT OF
POLY GRAPH
Polygraph obtained during an examination is generally not admissible as
evidence in court nor even if allowed cannot stand alone. However,
statements and confessions obtained through the use of polygraph
instrument are admissible provided all other requirements that the subject
is appraise of his applicable rights and the presence of counsel. In this
respect no subject can be compelled to take the test.
 LEGAL ASPECT OF
POLY GRAPH
Expert testimony on polygraph maybe admitted as evidence subject the
discretion of the trial judge. Although perfection in test results is not a
prerequisite to the admissibility of evidence obtainable by the used of
scientific instrument or techniques, the practice has been grant 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).
 LEGAL ASPECT OF
POLY GRAPH
The other means that the Polygraph result can be admissible in court aside
from stipulation and order from the court; during the presentation of the
defense they should establish the fact that the polygraph examiner upon
request of the investigator examined the accused and they would like to
offer as evidence the technical report of the examiner. The court will
accept the evidence based on the presumption that the polygraph report is
suppressed evidence since the finding is against the finding of the
investigator.
 LEGAL ASPECT OF
POLY GRAPH
The first major case dealings with the used of
polygraph in criminal cases was tried in 1923, this case set ruled that polygraph is
inadmissible based on the general a precedent in polygraph. Frye.vs. United States
the courts acceptance rule of scientific reliability. The Frye case involved a man
accused of murder. Even though Frye claimed that he was innocent a jury found
him guilty. Before his trial Frye was given a polygraph. A researcher by the name
of Marston gave the opinion that Frye was telling the truth. Marston used blood
pressure changes as indicators from truthful or deceptive responses. After serving
about three years of his prison sentence another (Trosville 2001).
 LEGAL ASPECT OF
POLY GRAPH
July 1981, brought a legal change involving
polygraph. Prior to July 1981, stipulation between prosecution and defense was a
vehicle for the admittance of of polygraph. However the July 1981 ruling
disallowed that stipulation. At present only statement (confession) is admissible at
trial level. Law Enforcement agencies today utilized polygraph as an aid
investigative tool (Kleiner
2001).
 LEGAL ASPECT OF
POLY GRAPH
Many countries all over the world have utilized
polygraph technique as a method of lie detection. It has been proven that it is a
valuable aid in investigation. In countries polygraph test results are admitted as in
courts. In the United States of America almost some evidence all courts utilized
polygraph and more than one half of courts accept it as evidence in criminal
prosecution.
Polygraph and expertise testimony thereto can be admissible upon stipulation to
corroborate with other evidence of a defendants participation in crime charged or
to corroborate to impeach of his owned testimony under the following conditions:
 LEGAL ASPECT OF
POLY GRAPH
a. The counsel of both parties and the subject all have signed written stipulation
providing for his admission to the polygraph and examiner's opinion thereon in
behalf or either the defendant or the state.

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 not qualified of the test was
conducted under improper condition, the judge may refuse to accept such
evidences.
 LEGAL ASPECT OF
POLY GRAPH
c. That if the graph and the examiner's opinion are offered in evidence; the opposing
party shall have their right to cross examine the examiner respecting the following:

d. The qualification and training of the examiner

e. The condition under which the test is administered at the discretion of the trial judge

f. The limitations and possibilities for error in the technique

 LEGAL ASPECT OF
POLY GRAPH
g. That if such evidence as admitted by the examiner's testimony dos not tense to
prove any element of the crime that which the defendant is charge; that the 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.
(Ansley 1990).
 OTHER LEGAL ISSUES ON POLYGRAPH
EXAMINATION
In 2007 polygraph testimony was admitted by stipulations in 19 states, and was subject to the
discretion of the trial judge in federal court. The used of polygraph in court testimony
remains controversial although it is used extensively in post- conviction supervision,
particularly of sex offenders. In Daubert vs. Merrel Dow Pharmaceuticals 1993, the old Frye
standard was lifted and all forensic evidence including polygraph had to meet the new
Daubert standard in which "underlying reasoning or methodology is scientifically valid and
properly can be applied to the facts at issue”. While polygraph test is commonly used in the
police investigation in the U.S. no defendant or witness can be forced to undergo polygraph
test.