ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014.

ATTY ANGELA AGUINALDO 1

WEEK 11: DECEPTION DETECTION

Deception detection is becoming popular due to numerous crime procedural series
such as Lie to me and guest appearances of so-called body language experts on
talk shows here and abroad. Lie detection is not anymore limited to the usage of
polygraph tests but nowadays, many have adhered to the study of micro-
expressions, and more radically, neurological testing. This raises some issues and
questions:

1. What are the characteristics of deception?
2. What are the different deception detection techniques?
3. What is the relationship between non-verbal and verbal behaviour and
deception?
4. What is the relationship between physiological characteristics and
deception?
5. How reliable is deception detection in ascertaining guilt?
6. What is the guilty knowledge test? Are there other tests similar to this?
7. How acceptable in Philippine criminal cases are deception detection
techniques in proving guilt?

GLOBE MACKAY CABLE & RADIO CORPORATION V. CA (1989)

Tobias was employed by Globe Mackay as a purchasing agent and administrative
assistant to the engineering operations manager. Tobias discovered fraudulent
transactions and reported them to Hendry, then Executive Vice-President of Globe
Mackay. Hendry told Tobias that he was the number one suspect and forced him to take a
leave. Upon his return, Tobias was ordered to take a lie detector test, and to submit
specimens of his handwriting, signature and initials for police investigation. The police
report cleared Tobias. The lie detector tests also yielded negative results. Still, Globe
Mackay filed 6 criminal complaints against Tobias and terminated his employment. Tobias
sought employment with RETELCO. However, Hendry, without being asked by RETELCO,
wrote a letter stating that Globe Mackay dismissed Tobias due to dishonesty. Tobias sued
Globe Mackay and Hendry for damages. SC awarded damages in favor of Tobias based on
Articles 19-21 of the Civil Code. It quoted a portion of the RTC decision which made
reference to, among others, the negative results of the lie detector tests, to show that the
criminal complaints were indeed filed in bad faith.

Note: Lie detection was not discussed in the case. It was simply mentioned as part of the
facts.
PEOPLE V. ADOVISO
GR Nos. 116196-97 | June 23, 1999 | J. Kapunan

Facts:
1. Appellant Pablo Adoviso, allegedly a member of CAFGU, was charged with four
unidentified persons, for the murder of Rufino Agunos and Emeterio Vasquez on
or about February 18, 1990 at about 8PM.
2. At around 8PM, Emeterio Vazquez was preparing coffee as his wife was about
to retire for the night. Their grandson Rufino had already gone to sleep in the
papag. Anastacia had just finished spreading the sleeping mat when she heard
three or four gunshots. Emeterio then uttered that he had been shot. Anastacia
saw the "protruding edge of the gun" on the wall near the stairs where Emeterio
went down. A lamp near the stairs where Emeterio drank coffee illuminated the
camalig but Anastacia failed to recognize the persons who fired their guns at her
husband.
3. The Vasquez' son Bonifacio was in the bigger house when he heard the
gunshots. Bonifacio left Rufino snoring in the papag and went to the other
house. Only a minute had passed after he had gone up when Bonifacio heard
the gunshots. He and his 16-year-old son Elmer immediately went down the
front yard to investigate. Bonifacio hid himself in the dark portion of the yard,
behind a coconut tree. From a distance of eight (8) meters, Bonifacio saw
Rufino, who was inside the camalig, being shot by several persons from the
outside. Looking through the bamboo slats of the camalig wall, Bonifacio
recognized one of the assailants, with a large built and long hair, as appellant
Pablo Adoviso because of the gas lamp that was lighted inside the camalig. Of
Rufino's assailants, only appellant was not wearing a mask.
4. Bonifacio went to the municipal building of Bula to fetch the police. The police
later brought Emeterio and Rufino to the municipal hall and then to the hospital.
Both Emeterio and Rufino died early the next morning.
5. Appellant Adoviso interposed alibi and denial as his defense. Appellant claimed
that he was a member of the CAFGU whose headquarters was located in
Barangay Palsong. At around 7PM he was in Sitio Burabod, Palsong, about a
kilometer away from the CAFGU headquarters. He, together with Francisco
Bislombre, Benjamin Alina, Jr. and PFC Antero Esteron, had some drinks in the
store of Honoria Tragante until around 11PM.
6. To support his denial, appellant presented Lt. Antonio Lopez, the deputy chief of
police and SPO2 Claro Ballebar of the PNP Bula Police Station, and offered in
evidence the testimony of Ernesto A. Lucena, Polygraph Examiner II of the
National Bureau of Investigation (NBI) in Manila, who conducted a polygraph
test on appellant.
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7. In Polygraph Report No. 900175, 8 Lucena opined that appellant's "polygrams
revealed that there were no specific reactions indicative of deception to
pertinent questions relevant" to the investigation of the crimes.
ISSUES:
W/N appellant was properly identified by the two (2) eyewitnesses as one of the killers of
the victims. - Y

W/N the negative result of the polygraph test should be given weight to tilt the scales of
justice in his favor. - N

1. Visibility is indeed a vital factor in the determination of whether or not an eyewitness
could have identified the perpetrator of a crime. However, it is settled that when
conditions of visibility are favorable, and the witnesses do not appear to be biased, their
assertion as to the identity of the malefactor should normally be accepted. Illumination
produced by kerosene lamp or a flashlight is sufficient to allow identification of persons. In
this case, not one (1) but two (2) gas lamps illuminated the place the one placed inside
the camalig and that held by Emeterio as he descended from the stairs after the first
volley of gunfire. The bamboo slats of the camalig could not have effectively obstructed
the eyewitnesses' view of appellant, considering that the slats were built four (4) meters
apart. Besides, it is the natural reaction of relatives of victims to strive to observe the
faces and appearance of the assailants, if not ascertain their identities, and the manner in
which the crime is committed. A relative will naturally be interested in identifying the
malefactor to secure his conviction to obtain justice for the death of his relative(s).
Bonifacio had known him for ten (10) years while Elmer had been acquainted with him for
four (4) years. Elmer recalled that appellant used to join the rabuz at the barracks.
Familiarity with appellant's face and appearance minimized if not erased the possibility
that they could have been mistaken as to his identity. Appellant's alibi thus crumbles in
the face of his positive identification as one of the perpetrators of the crimes. For an alibi
to prosper, moreover, there must be proof that the defendant was not only somewhere
else when the crime was committed but that he could not be physically present at the
place of the crime or its immediate vicinity at the time of its commission.

2. A polygraph is an electromechanical instrument that simultaneously measures and
records certain physiological changes in the human body that are believed to be
involuntarily caused by an examinee's conscious attempt to deceive the questioner. The
theory behind a polygraph or lie detector test is that a person who lies deliberately will
have a rising blood pressure and a subconscious block in breathing, which will be recorded
on the graph. However, American courts almost uniformly reject the results of polygraph
tests when offered in evidence for the purpose of establishing the guilt or innocence of
one accused of a crime, whether the accused or the prosecution seeks its introduction,
for the reason that polygraph has not as yet attained scientific acceptance as a reliable
and accurate means of ascertaining truth or deception. The rule is no different in this
jurisdiction. Joint judgment AFFIRMED.

PEOPLE V. CARPO
GR No. 132676 | April 4, 2001 | Per Curiam

Facts:
1. The accused in this case are challenging the decision of the trial court for relying on the
testimony of a single witness in convicting them of multiple murder complexed with
attempted murder for the death of Florentino Dulay, Norwela Dulay and Nissan Dulay,
and the wounding of Noemi Dulay.
2. Ruben Meriales testified that on 25 August 1996 at about 8PM, while he was watching
TV with his family his dogs barked, and his mother prodded him to check the disturbance.
After transferring his cow nearer to his house, he went inside the kitchen, stood atop the
concrete washbasin, hid himself behind the bamboo slats and peeped outside to observe
the surroundings which was illumined by two bulbs and the moon. 3. A few minutes later,
he saw barangay captain Jaime Carpo together with Warlito Ibao suspiciously stooping
near his barn. Warlito's son Roche was also there; he was standing by the mango tree.
They were all looking in the direction of Florentino Dulay's house which was about a
meter to the south from where he was. He also saw Oscar Ibao, another son of Warlito,
striding towards Dulay's hut. As soon as he reached the hut Oscar lifted the sawali mat
near the wall and hurled something inside. Oscar then scurried off towards the nearby
creek with Roche following him. Seconds later, a loud explosion shook the entire
neighborhood.
3. He returned home to take his flashlight and raced back to lend aid to Teresita. Inside
the hut, a bloodied Florentino was cradled in the arms of his weeping widow, Norwela and
Nissan lying side by side on a cot both doused in blood, and a motionless Norma whose
head was oozing with blood.
4. Fearful however that the culprits would return, Ruben Meriales refused to give any
statement but intimated to Police Officer Guillermo Osio that he would go to the police
station after the burial. He named Jaime Carpo, Warlito Ibao, Oscar Ibao and Roche Ibao
as the perpetrators of the crime. He further said that Florentino was killed because he was
about to testify against Roche Ibao for the murder of his brother Delfin Meriales.
5. Against their positive identification by Ruben, the four (4) accused interposed alibi
claiming that they were somewhere else when the Dulay hut was blasted. They likewise
assailed Ruben's testimony for being a fabrication and insisted that he lied to get back at
them because Roche was a suspect in the killing of his brother Delfin Meriales. Jaime
testified that Ruben implicated him because the latter was angry at him. Ruben's grudge
supposedly started when Jaime sided with the Ibaos in the murder case instituted by the
Merialeses against Roche for the death of Delfin Meriales.
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6. In convicting Jaime Carpo, Warlito Ibao, Oscar Ibao and Roche Ibao of the multiple
murder of Florentino, Norwela and Nissan Dulay and the attempted murder of Noemi
Dulay the trial court gave full credit to the testimony of Ruben, and meted upon all of the
accused the supreme penalty of death and ordered them to solidarily indemnify the heirs
of the deceased as well as Noemi Dulay in the amount of P600,000.00.
7. the case was elevated to this Court for automatic review. After the filing of briefs, the
accused filed an Addendum to Appellant's Brief urging that the favorable results of their
lie detector tests with the NBI be admitted into the records.

ISSUE:
W/N the result of the lie detector test should be given weight - N

HELD:
A lie detector test is based on the theory that an individual will undergo physiological
changes, capable of being monitored by sensors attached to his body, when he is not
telling the truth. The Court does not put credit and faith on the result of a lie detector
test inasmuch as it has not been accepted by the scientific community as an accurate
means of ascertaining truth or deception.

LIE DETECTION IN ANCIENT AND MODERN TIMES: A CALL FOR CONTEMPORARY
SCIENTIFIC STUDY (1984)

Abstract
Polygraphic lie detection is basically a psychological test, with questionable
psychometric merit, that assumes that liars are aware of their lying, which in turn
causes measurable emotional reactions.
This simplistic assumption was not always shared by the ancients but has widespread
contemporary acceptance.
The polygraphic technique yields unacceptably high error rates that have had ruinous
effects on the lives of many misclassified truthful persons.
Considering the widespread use and misuse of polygraphic lie detection (in civil and
criminal court proceedings, national security, etc.), there is a need for more intensive
research.
Main assumption of the article: There is some scientific research in psychology but it
is not enough.

A Biblical Tale: The Psychophysiology of Early Lying
The probative meaning of emotionality for lying has changed since biblical times.
o When King Solomon had to decide which of two women was the true mother of
a claimed infant, he based his decision on an emotionality test, but he did so in a
way that is different from contemporary polygraphy.
o He decided in favor of the woman who was so upset over cutting the infant in
half that she pleaded to let the other woman have the infant. In contrast, the
deceptive woman calmly concurred with the proposition.
o His method of lie detection reflected the prevailing belief of the time that truth
tellers were emotional and altruistic whereas liars were the opposite, a belief
that conflicts with modern-day lie detection, which assumes that emotionality is
associated with lying.
More recent methods reflect the belief that emotionality is associated with lying.

Modern Polygraphy
The theory of modern lie detection assumes that if lying is deliberate and purposeful,
the knowledge and effort associated with deception will be accompanied by
emotionality.
A false negative error is the misclassification of a deceptive person as truthful. A false
positive error is the misclassification of a truthful person as deceptive. Many similar
errors are made by modern polygraphers.
Such errors are largely due to the implausibility of the theory underlying lie
detection, which, in addition to the above assumption of emotionality, also assumes
that lying is a simple response. It is not.
Lying is complex.
o Lying can be satisfying, exciting, and even humorous, depending on the person's
reasons for lying.
o Some psychopathological individuals falsely believe in their lies and think they
are telling the truth.
o Other people know themselves to be lying but feel little or no emotion.
o Modern lie detection fails to take these complexities into account.
Lying emits no known distinctive pattern of physiological activity, and it is clear that
the human involuntary responses associated with emotions vary widely.
o This is not to deny that people can experience an inner turmoil when lying and
that this turmoil is measurable by the polygraph.
o However, both negative and positive emotions can cause measurable
physiological changes that are reflected in the polygraph, but this may have
nothing to do with deception, for there is no simple one-to-one relationship
between deception and emotionality.

History of Modern Polygraphy
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Italian criminologist Lombroso (1895/1939), adapted the plethysmograph to record
continuous changes in the pulse rate and blood volume of a person's limb.
Benusi (1914/1975) observed that changes in breathing accompanied lying.
In 1917, Marston, a criminal lawyer, launched modern polygraphic lie detection by
reporting high positive correlations between lying and changes in systolic blood
pressure.
In 1921, Larson, a Berkeley, California, police officer with psychological training
constructed a forerunner of the modern polygraph which continuously recorded
blood pressure, pulse rate, and respiration.
Larsons associate Keeler developed the prototype for modern polygraphic
interrogation and founded the first school of polygraphy. This machine recorded
pulse rate, relative blood pressure, respiration, and perspirationmeasures that
increase with heightened emotionality. All of these measures are now used in
polygraphic lie detection.

Polygraph Examination
A wide variety of interrogation techniques are used by different "schools" of
polygraphy. In all of these, the role of the examiner is of crucial importance both for
the approach and the interpretation.
One of the most common procedures, also considered the state-of-the-art technique
and introduced by polygraphers of the John E. Reid and Arther schools of lie
detection, is called the control question test.
o First Phase:
- a pretest, structured interview to obtain biographical data and to evaluate
the subject's attitudes toward dishonesty, and assess his attitudes toward
the test itself
- usually conducted without the aid of the polygraph
- serves the additional purpose of convincing the subject of the scientific
credibility of the procedure and to obtain an initial impression of the
subject's honesty.
- All of the subject's responses and behaviors are treated as interpretable
data.
o Second Phase:
- widely considered the polygraph test proper
- Variables measured include galvanic skin response (GSR), blood pressure,
and abdominal and thoracic respiration.
- The examiner asks a series of questions, each requiring a yes-no answer,
formulated based on information about the case and pretest interview.
- Both verbal and physiological responses to the questions are recorded on
the polygraph chart.
- A stimulation procedure or "stim test" is included to convince the subject of
the infallibility of the polygraph.
- 3 general types of questions included in most current examinations:
o Case-irrelevant questions deal with biographical data (e.g., name, age,
current address) and are designed to obtain a normal or baseline
response level.
o Case-relevant questions deal with the specific issues under
investigation.
o Control questions attempt to force the subject to lie about some
normatively shared transgression (e.g., "Did you ever steal anything in
your life?")
In evaluating the polygraph charts, many interpreters use their intuition to look for
signs of differential autonomic disturbance.
o If the disturbance associated with the relevant items seems to be greater or
more persistent than that associated with the control questions, then the
subject is judged to be deceptive.
o On the other hand, if the disturbance associated with the control questions
appears to be greater, then it is assumed that the subject is being truthful.
Many interpreters use a global evaluation method without specific measurement or
scoring, although Backster's method requires that the autonomic differences
between relevant and control items be assigned numerical values or scores and that
these scores then be used to evaluate the difference between the subject's
responses to the control and relevant questions
o Sometimes also called the "zone of comparison" technique, Backster's method
was designed to eliminate the influence of the examiner's clinical impressions or
judgment of the case and to ensure that the conclusion is based solely on the
physiological chart data.

Polygraphy as Psychological Testing
The lie detection examination, especially in its more quantitative format, is a
psychological test. It is a systematic procedure designed to obtain a measure
of a sample of psychological behavior.
As a psychometric device, therefore, the polygraph must meet the same criteria
prescribed for all other psychological tests, the most important of which are
reliability and validity.
Reliability deals with the consistency with which a test measures its dimensions.
o This consistency or stability can be assessed by measuring the extent of
agreement in scores among individuals between test and retest, or by gauging
the level of consensus attained among testers who score the same polygraph
charts.
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o Although several studies have reported rates of agreement in the 80% to 90%
range, it is difficult to determine whether this agreement indicates that the
polygraph test is reliable because the problem in computing reliability in this
way is that total percentage of agreement is a poor measure of reliability.
o The reliability of the polygraph is difficult to gauge. And even if a test achieves a
high reliability, the test may have little utility if its validity is low.
Validity evaluates the extent to which a procedure measures what it claims to
measure.
o The validity of a lie detector test deals with the correspondence between the
test results and the subject's actual behavior or the criterion of "ground truth."
o To assess the validity of the polygraph examination, a relationship must be
established between the polygrapher's judgments and the truthfulness of each
subject's statements. Polygraphic interrogation does poorly indeed in this
regard.

Societal Applications of the Polygraph
Polygraph examinations play an important role in many societal settings.
o These include legal settings in which the test is given to suspects in criminal
investigations; to victims of crimes who reside in counties or states where the
district attorney will not prosecute a complaint unless the victim agrees to a lie
detector test; or to witnesses in a criminal trial who are requested to
demonstrate the veracity of their testimony.
o Other legal contexts include those in which polygraph examinations are
commonly given to plaintiffs or defendants in civil litigation in which conflicting
testimony must be weighed.
The polygraph procedure can contribute in important ways to the conduct and the
outcome of litigation.
o The results of polygraph tests are totally excluded only in 24 states, but
stipulated lie detector tests are admissible as evidence in all others provided
both parties agree to the introduction of such tests.
o The United States Supreme Court has not yet ruled on the admissibility of
polygraph test results.

Validity of Lie Detection
This is a matter of lively debate.
The empirical evidence for the test's validity can be divided into laboratory and field
studies. The distinction is important.
o Giving lie detector tests to students or other mock-theft suspects who have
enacted crimes does not provide grounds for adequate predictions of what can
be expected in real-life criminal investigations.
o Field studies, on the other hand, use subjects who are actually truthful or
deceptive about the commission of a crime. The real life motives are there, as
are the consequences.

A Laboratory Study
o 30 undergraduate volunteers participated in a polygraph experiment using a
mock-theft paradigm. 15 subjects were assigned to the theft condition, and 15
were assigned to the no-theft condition.
o Those in the theft condition were instructed to search through a desk and then
steal anything they desired. The no-theft subjects were instructed to take a brief
walk around campus prior to returning to the experimenter's office.
o After completing their tasks, all subjects were given a standard control question
polygraph examination. The polygraph tracings from these examinations were
then submitted for interpretation to 6 experienced polygraph examiners.
o The examiners knew that half of the subjects had stolen something but did not
know what was stolen or by whom, or that the polygraph records were obtained
from experimental subjects.
o The results showed that the human polygraph examiners were highly fallible.
The prior experience of the 6 polygraphers ranged from 3 months to 8 years,
and their correlations of truthful-untruthful decisions with the truthful-
untruthful criterion ranged from .02 to .43.
o There was no evidence that greater experience contributed to greater accuracy.

A Field Study
o A study was made on the polygraph charts of 50 innocent subjects and 50 guilty
subjects, all of whom were tested with regard to some theft-related
investigation.
o The polygraph charts of were submitted for interpretation to 6 polygraph
trainees at the end of their internship training period. They were informed that
all tests were obtained from theft-related investigations and that 50% of the
subjects were guilty.
o A crucial finding in this study was that, on the average, the polygraph
interpreters misclassified 37% of the innocent subjects as guilty.
o Similar findings were found in a field study conducted by Horvath (1977), whose
polygraphers called nearly 50% of the innocent respondents guilty.
o Barland and Raskin (1976) similarly report that more than half (55%) of their
truthful subjects were misclassified as deceptive.
Base Rates of Lie Detection
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The above field study data provide strong evidence that the lie detector test is indeed
highly fallible and that this fallibility translates into a strong bias against the innocent
respondent.
The meaning of this strong bias against innocent subjects can be appreciated more
fully if we consider the effects of the base rate on accuracy.
o The base rate of a condition (such as paraplegia, schizophrenia, or criminal
activity) refers to the positive instances (or frequency) of that condition among
the members of a specified population.
o The lower the base rate, the more difficult it is, other things being equal, to
identify individuals in the small subgroup and at the same time avoid
misclassifying others as subgroup members.
o It has been suggested that prosecutors offer a defendant the option of
submitting to a lie test only when the prosecution's case is weak and unlikely to
sustain a conviction. If this is correct, then the base rate for lying in this
population may be low, perhaps 50%.
o Under these circumstances, we are not dealing with criminal defendants in
generalfor whom the base rate of lying may be much higherbut rather with
that subset of defendants against whom persuasive evidence of guilt is not
available.
o To illustrate, we shall assume that 50% of a particular subset of 100 defendants
is innocent, which means that the base rate for lying among this group is 50%.
Then, with a false positive rate that can be as high as 55%, which has been
attained in some laboratory and field studies 55% of the truthful subjects, or 28
persons, will fail the polygraph test.
o In other words, among this subset, one possible reason that the prosecution's
case is weak may be that the defendant is in fact innocent.
Aside from these statistical considerations, a more subtle biasing factor is a
motivational one: Polygraphers are motivated to serve their paying clients.
o Because clients have an interest in identifying guilty suspects, the polygraphers
must expect to uncover cases of deception.
o It seriously compromises the polygrapher's objectivity and biases the findings
against the nonpaying client.

Case History
Floyd Fay, a.k.a Buzz, was charged with aggravated murder in a shooting case and
was convicted on the basis of the lie detector.
Several hours before dying of his wounds, the victim Fred Ery had said, "It looked like
Buzz, but it couldn't have been."
Floyd Fay was arrested. At the outset of the trial, the state's case against Fay
appeared weak. It consisted chiefly of Ery's dying declaration, identifying Fay as the
masked gunman.
Realizing the weakness of the case, the prosecution offered Fay a deal: The murder
charges would be dropped if he was determined truthful by a polygraph by the
Bureau of Criminal Identification. If determined to be deceptive, a second, privately
administered exam would be conducted. If the results of the second exam were in
conflict with the first, the polygraph results would be discarded, and the case would
proceed to trial without them. If both tests indicated deception, Fay would plead
guilty to the lesser charge of murder. If he refused to do so, he would be tried on the
aggravated murder charge, and the polygraph would be admitted into evidence.
o This is not an unusual arrangement between prosecuting and defense
attorneys, especially if the accused client is convinced of his or her
innocence and is desperate to prove it in order to get out of jail.
Fay accepted the offer. On his polygraph he was judged to be deceptive. A similar
judgment was rendered on the second polygraph. As arranged, the case shortly
proceeded to jury trial, and Fay was quickly convicted of murder.
Fay began what turned out to be a 2 1/2-year prison term.
But Fred Ery's real assailant was tracked down, apprehended, and convicted.
During his stay in prison and perhaps due to the false conviction based on the
strength of the polygraph testFay became something of an expert on the polygraph
test.
o Particularly, he became an expert at beating it, a feat that the principal
textbook on polygraphy claims to be improbable.
o But Fay coached 27 inmates scheduled to take polygraph examinations; all
freely admitted to him that they were guilty of the offenses charged. After
about 20 minutes of instruction, 23 of the 27 managed to pass, that is, to
beat the lie test.. Quite embarrassing.
It turns out, then, that the technique is not only highly fallible, it is also fakeable.

Summary and Conclusions
1. Although the specific techniques have changed over time, modern lie detection is no
more scientific than King Solomon's word. This is true despite the fact that modern
lie detectors rely on "scientific" instruments.
2. Lie detection is based on psychological principles of testing and deals with
psychophysiological responsivity. The examination is based on the simplistic
assumption that suspects are aware of their lying and will experience more arousal to
relevant questions if they are deceptive than if they are truthful.
3. Evidence questions such assumptions and demonstrates that polygraph judges have
high rates of misclassification. Particularly damaging by-products of these errors are
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false positive judgments that may label more than 50% of the innocent suspects as
guilty.
4. These poor results are due to statistical and motivational factors that bias
polygraphers in ways that cause false positive errors.
5. The case history above dramatically highlights the effects of polygraph errors.
6. This question is raised: Does a technique that is as fakeable as the lie detector,
especially among criminals who are admittedly guilty of the deceptions for which
they are being investigated, have any use at all as a psychological test?
7. Given that lie detectors are flawed, why are they so popular with law enforcement
agencies; city, state, and federal governments; and private corporations? The fact is
that lay persons and many law enforcement personnel believe that the lie detector
works.
o This belief provides polygraphers with the necessary leverage and
advantage to carry out their tasks even though the polygraph has no
intrinsic scientific validity.
o In this sense, lie detectors serve as a sort of gun-to-the-head threat to
make people confess or, at the very least, to behave themselves because
Big Brother may interrogate them.
o Analogously, some store owners have found it useful to mount bogus
television cameras that turn at suitable intervals. This is probably an
effective deterrent to theft, but it capitalizes on the lay person's belief, not
on the camera's intrinsic value.
o To use a psychological test such as the polygraph in this way is unscientific
(perhaps even unethical) and should not be permitted to go unchallenged
by the psychological community.

ME, MYSELF, AND LIE: THE ROLE OF SELF-AWARENESS IN DECEPTION

Abstract
Deception has been studied extensively but still little is known about individual
differences in deception ability. We investigated the relationship between self-awareness
and deception ability. We enlisted novice actors to portray varying levels of deception. 42
undergraduates viewed the videotaped portrayals and rated the actors believability.
Actors with high private self-awareness were more effective deceivers, suggesting that
high self-monitors are more effective at deceiving. Self-awareness may lead to knowledge
of anothers mental state (i.e., Theory of Mind), which may improve an individuals
deception ability.

1. Introduction
Deception is a tactic employed in social interaction in order to gain a strategic
advantage over an opponent or other relationship partner.
o Some non-human primates may learn to deceive through learned associations
or reinforcement. This type of deception lacks intention; the deceiver is
unaware that he or she is manipulating anothers thoughts.
Intentional deception occurs when one deliberately misleads a person to believe
something that is untrue or withholds or conceals true information.
Self-awareness can be broadly defined as the ability to reflect on ones own
thoughts.
o 2 types:
1. Private self-awareness- ones awareness of his or her own feelings,
thoughts, and motives
2. Public self-awareness is ones ability to understand how other people view
himself or herself socially.
A key advantage of self-awareness is that it allows the individual to also possess
Theory of Mind (ToM). ToM can be conceptualized as the ability to mind read or
decipher what another person is thinking based on ones own thoughts.
o Self-awareness may be necessary in order to employ ToM and for the effective
use of deception.
o It is possible that the presence of ToM is what gives one the ability to deceive, at
least in terms of intentional deception.
The present study investigates the relationship between self-awareness and the
ability to deceive.
o Self-awareness, as defined as the awareness of ones own mental states, may
lead to greater understanding of someone elses mental states.

2. Method (See Abstract)

3. Results
The nature of the effect was such that the more privately self-aware an individual
was, the better his or her deception ability.

4. Discussion
Individuals who are high in private self-awareness tend to be conscious of their
feelings, attitudes, and motives.
Being aware of ones own thoughts may be beneficial in that these can be used to
enter the mind of another person and ultimately deceive them. There is a strong
relationship between self-awareness and Theory of Mind (ToM) and these faculties
appear to be correlated positively with deception.
ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014. ATTY ANGELA AGUINALDO 8

We found that deception effectiveness correlates with greater private self-
awareness, as predicted.
On the other hand, public self-consciousness is not a reliable predictor of deception.
The private and public consciousness scales are two different constructs.
o High private self-consciousness does not guarantee high public self-
consciousness or vice-versa.
The fact that there was a significant relationship between self and deception
supports the claim that the self and ToM are related.
If successful, deception has many benefits.
o Examples: making or maintaining a favorable impression on others, avoiding
punishment, and maintaining positive social relationships.
o In addition, intentional deception might provide advantages in mating contexts.
People often deceive members of the opposite sex, both current and potential
romantic partners. If intentional deception is successful, one might thereby
increase their chances of securing a more desirable mate than they might
otherwise secure without the aid of deception. (Alam na)
In summary: The current study documents that actors with higher private self-
awareness are more effective deceivers. These data support the hypothesis that
there is a predictable relationship between self-awareness and deception.


COMPARING THE LEVEL OF ANXIETY IN MALE & FEMALE SCHOOL STUDENTS

I. Anxiety Disorder
People suffering from this disorder experience intense prolonged feelings of
fright or distress for no apparent reason
- not merely from feelings or sensations due to workplace pressure,
public speaking, highly demanding schedules or an exam.
most common of all mental health problems and estimated to affect 1 in 10
people
- hence, one of the most active areas in psychology
more prevalent among women and affect both children and adults
- women 2x likely to be: diagnosed with an anxiety disorder, develop PTST
when exposed to trauma
OCD is the only anxiety disorder equally common in men and women

II. Study
Participants: Tehran middle school students, 600 boys and 600 girls

Instrument: Reynolds & Richmonds Test- a close-ended test type with yes/no
questions (37 items) for assessing and diagnosing symptoms of general anxiety
in 6-19 year olds made up of subscales: physiological anxiety, worry/sensitivity,
social concern/concentration, and lie detector.

Result: significant difference between male and female students
a. girls= higher in subscales of worry and physiological anxiety
b. no difference in concentration

Analysis: There are many theories why females are more likely to develop
anxiety disorders
- Women may be more likely to report their symptoms
- Psychological differences: men are raised to believe more in their personal
control over the situation (a variable protective against anxiety disorders)
- Social factors like gender roles: men experience more social pressure to
face fears
- Women facing different life circumstance: women more likely to be
sexually assaulted
- Cultural/Psychological influences: women show more biological stress
reactivity than men
- Female vulnerability to anxiety may be genetic more than environmental:
cyclical fluctuations of estrogens and progesterone enhance response to
stress which confers susceptibility to depression and anxiety

*In Iran, child-rearing practice and tradition have an impact. There is a
conflict between the traditional female role (get married, bear children)
and the new endeavors of getting an education and working outside the
family home. Tradition maintains a heirarchical order in the family which
dominance of male over female and older over younger.

Present research opinion: the anxiety score of any given person is the product of
both biological and psychological factors and their interaction.

IT TAKES ONE TO KNOW ONE: RELATIONSHIP BETWEEN LIE DETECTION AND
PSYCHOPATHY

Social Intelligence (emotional intelligence) relate to increased emotion
recognition ability,
- 2 theories:
ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014. ATTY ANGELA AGUINALDO 9

a. people with high social intelligence are expected to have an enhanced
capacity to detect emotional cues in faces, presumably leading to
superior lie detection ability
b. social intelligence may relate to more compassionate reactions to
emotional lies, hence hindering the ability to detect emotional
deception
One way to measure emotional intelligence is via psychopathy, a trait
characterized by low emotional intelligence and empathy
2 sub facets of Psychopathy relate to
1. Primary Psychopaths
- rinterpersonal and effective deficits
- more likely to achieve success in the business world
- weaker emphatic responses, more accurate perception of fearful faces
2. Secondary Psychopaths
- anti social impulsivity
- more likely to populate prisons

I. Study
Participants:150 volunteers between 18-30 years old.
Instrument: 64 Item Self-Report Psychopathy Scale was used. Participants rates
how much they agreed with statements
Test: 26 real life high stakes emotional TV appeals (13 truthful, 13 lies) where a
person pleaded for info on their loved ones who had gone missing or been
murdered. In half of the cases, the person pleading was later found guilty or
murder while the other half, someone else had been convicted or the missing
person had been found.
Hypotheses: High primary psychopathy is a male typical adaptation for
exploiting others so high psychopathy men would benefit more from enhanced
lie detection ability. Secondary psychopathy relates to deficits in decision-
making so irrespective of sex would result to impaired lie detection or not
relationship at all.

II. Results:
Sex may moderate the relationship between lie detection and psychopathy:
Primary psychopathy related to increased lie detection accuracy in men and
decreased accuracy in women
- supports the idea that primary psychopathy is male typical adaptation
(linked to competition for mates and social status) and relates to
differential socio emotional processing depending on the sex of the
individual.
Women had a higher overall accuracy than men
- this finding contradicts a previous study that found that emotional
intelligence (typically higher in females) relates to higher gullibility when
identifying liars.
- Women may rely more on intuition when processing subliminal emotional
cues which could be an asset in high stake emotional lie detection where
accuracy may partially relate to the use on intuition.
- For processing socio-emotional behavior, women more often use emotional
brain areas like the amygdala whereas men tend to rely on cortical areas
related to logical processing.
Non-significant positive trend between secondary psychopathy and lie detection
accuracy in women and a negative trend for men
- possible explanation: like between secondary psychopathy and overactive
threat detection system in women
ex. Attachment anxiety has an association with hyper-vigilance, which
relates to increased lie detection ability
Anxious attachment, which is common in women, has been proposed as an
adaptive female typical mechanism for detecting threats in the
environment.
No sex differences in the bias in labeling participants as liars.
The results highlight the importance of investigating deception detection ability
differentially in women and men
- its possible that men and women use different routes to achieving accuracy in
lie detection

STUDY REGARDING PSYCHOPHYSIOLOGICAL REACTIVITY VALUES DEPENDING ON
SUBJECTS GENDER IN POLYGRAPH TESTING

Participants: Criminal suspects previously confirmed as deceptive individuals,
selected from cases collected by Romanian police between 2004-2011.
Hypothesis: There are statistically significant differences regarding
psychophysiological reactivity assessed in polygraph testing, dependent on
subjects gender.
Results: Significant differences between men and women
Women- more pronounced reactions in the activation of sweat glands leading to
higher values of electrodermal activity
Men-more intense somatic reactions, with increased muscular tension and
intensification of cardiovascular activity
ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014. ATTY ANGELA AGUINALDO 10

The most stable physiological parameters for men: electrodermal and
respiratory activity; for women: cardiovasculatory functions
Importance: results of the study can provide useful information in the
interpretation of psychophysiological date in order to increase the safety and
precision level in diagnostic formulation in polygraph testing

DETECTING SUSPICIOUS BEHAVIOUR USING SPEECH: ACOUSTIC CORRELATES OF
DECEPTIVE SPEECH AN EXPLORATORY INVESTIGATION
By Christin Kirchhubel, David M. Howard

Information about a speaker can be gained from speech alone, such as age,
gender, regional and social background, speaking style, and intoxication;
o The voice can also give information about a speakers mental or
affective state, i.e. stress, happiness, sadness, anger;
Could acoustic tendencies be a reliable indicator of sincerity?
o Recently, Psychological Stress Evaluators (PSE) and Voice Stress
Analyzers (VSA) have been said to measure micro-tremors in the
voice as indicators of stress and deception;
o Scientific testing of these resulted in negative evaluations, but large
quantities of money have still been spent on these systems;
Surprisingly little research has been carried out on the acoustic and phonetic
characteristics of deceptive speech;
Zuckerman suggested three theoretical frameworks that could predict and
account of the behavior of liars
o Arousal Theory liars are more stressed and aroused than truth-
tellers, experiencing fear, guilt, and duping delight.
o Cognitive Theory lying is cognitively more demanding. There is a
need to suppress the truth and make plausible and consistent lies.
o Attempted Control Theory In order to present a sincere and natural
demeanor, people try to suppress or control behaviors associated with
lying, resulting in a less natural, rigid appearance.
Ten male native English speakers aged 20 to 30 participated in a mock-theft
paradigm. They had to formulate a convincing story that they did not steal a 10
pound note. The interviewer used an information gathering interview. The
interviews and their responses were recorded;
The results show that truth-tellers and liars cannot be differentiated based on
the speech signal measures analyzed. There was a lack of significant changes,
and the changes failed to demonstrate consistencies;
What trends there were likely stylistic in nature, due to different speaking styles;
It may be argued that the lack of significant findings was a product of the
experimental arrangement not accurately representing real life. But this is a
methodological limitation which cannot be overcome due to ethical
considerations.

CUES TO DECEPTION AND ABILITY TO DETECT LIES AS A FUNCTION OF POLICE
INTERVIEW STYLES
By Albert Vrij, Samantha Mann, Susanne Kristen, Ronald P. Fisher

There are three types of interview formats
o Information gathering Interviewers request suspects to give detailed
statements through open questions;
o Accusatory Interviewers confront suspects with accusations, which
usually yield shot denials;
o Behavioral Analysis The BAI starts with an open ended question, but
BAI interviews in contrast to information gathering continue with a
predetermined standard list of 15 questions (What is your
understanding of the purpose of this interview? Who would have the
best opportunity to commit the crime if they had wanted to?)
BAI assumes that truth tellers expect to be exonerated and therefore should
be inclined to offer helpful information;
o It was found, however, that truthful mock suspects were less helpful
than deceptive mock suspects;
Different tools exist to examine verbal indicators of deceit
o Criteria-Based Content Analysis (CBCA) CBCA assesses statements
and judge the presence of 19 criteria, i.e. logical structure of the
statement, contextual embedding, descriptions of interactions,
reproduction of speech, accounts of subjective mental state,
spontaneous corrections, admitting lack of memory; it is hypothesized
that these criteria occur more often in truthfulness;
o Reality Monitoring (RM) the core of RM is that memories of
experienced events differ in quality from imagined events. Real
experiences are more likely to contain sensory information (i.e. smell,
taste, touch, auditory details) and contextual information (spatial
details, temporal details).
Imagined events are more likely to have cognitive
operations, such as thoughts and reasonings;
RM has advantages over CBCA, as it has a stronger theoretical foundation, is
easy to teach and learn, and is at least as effective as CBCA;
ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014. ATTY ANGELA AGUINALDO 11

Information-gathering interviews elicited more verbal cues to deception that did
accusatory interviews; the latter did not result in any cues. Information-
gathering interviews led to significant differences in both CBCA and RM scores;
The BAI interview resulted in verbal cues to deception, with truth tellers
obtaining significantly higher RM scores than liars however, these cues
emerged only in the information-gathering part of the BAI method. The 15
questions part did not add new information;
Behaviors such as crossing legs, shifting in the chair, and grooming behaviors as
lie indicators have no empirical support; lie detectors who pay attention to
such cues perform significantly worse than lie detectors who not;
Deception studies reveal that liars include fewer details in their statements than
truth tellers;
RM is a more successful tool to detect deceit than CBCA;
But the fact that information-gathering interviews reveal more deception cues
does not automatically imply that observers will be able to discriminate better
between truth and lies. Lack of knowledge about cues to deception may be a
reason why accuracy rates are just above chance, even when observers are
professional lie catchers such as police officers;
False positive accusations (accusing truth tellers of lying) are of particular
concern, since innocent suspects presumed to be guilty elicit confrontational
interrogations, leading them to confess crimes they did not commit;
In an experiment involving police officers as observers, it was found that the
interview style did not affect on overall lie detection accuracy, nor did it affect
false positives; it was the same as chance;
Metacognition is important for police; they need to be aware of their own poor
performance;
Accusatory interviews resulted in more false positives than information-
gathering interviews; this can result in undue pressure;
Lay observers are prone to a truth-bias, while professional lie catchers are prone
to a lie bias;
The information-gathering interview is beneficial as it encourages the suspect to
talk, safeguards against false confessions, and is seen as more ethical. It results
in more verbal cues to deceit, and protects against false positives.

LEARNING DETECTION OF DECEPTION
By Hurley

Micro Expressions
- Discovered by Haggard and Isaacs
- Caused by an unconscious repression of conflict and that those expressions
occurred quickly to be seen in real time.
- Emotional expressions that leaked out when individuals attempted to inhibit or
manage their facial displays
- Quick expressions that represented signs of concealed emotions generally
lasting several seconds in length or more

Methods
1. Japanese and Caucasian Brief Affect Recognition (JACBART)
o First published test of micro expression recognition accuracy (MERA)
o Created the appearance of more dynamic expressions, as each posers
neutral face was imposed before and after the emotional expression
face, reducing the after effects of the stimuli
o All expression images were scored with the Facial Action Coding
System (FACS) to ensure the same muscle actions occurred for each
emotion and were consistent with universally recognized expressions
o Additionally, these images were tested with an international audience
to ensure cross-cultural agreement

2. Micro Expression Training Tool (METT)
o It offers a pre-test, a training section, practice examples with
feedback, a review section, and a post-test. The stimuli used in these
training tools are laboratory produced which provides the necessary
consistency and reliability of expression, poser, intensity, angle and so
forth to provide scientic test of MERA.
o However, use of this type of materials limits the ability to generalize to
naturally occurring spontaneous expression, which have more
dynamic features

3. Pictures of Facial Affect (PoFA)

4. Baseline Recognition Accuracy

Boundary Factors to training
1. Length of training
2. Skill Decay
3. Repeated exposure / practice
4. Motivation to learn


ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014. ATTY ANGELA AGUINALDO 12

ON LIE DETECTION WIZARDS
By Charles F. Bond Jr.and Ahmet Uysal

Research literature on Deception or the ability to detect deceit suggest that In judging
whether or not others are lying,
The average person is accurate roughly 54% of the time when 50% would be
expected by chance.
29 wizards of deception detection
By the OSullivan and Ekman definition
A person is a wizard at deception detection if the person :

(a) reports correct judgments to at least nine opinion video segments, and gives correct
judgments to either
(b) at least eight crime video segments or
(c) at least eight emotion video segments.

- OSullivan and Ekman have recently reported a curious result. They found 29
wizards of deception detection
- These wizards have demonstrated an
ability to detect high-stakes lies, OSullivan and Ekman found 29 individuals who
performed well on three high-stakes lie detection tests.
Test 1 involves lies about opinions;
Test 2 involves lies about a mock crime; and
Test 3 involves lies about emotion.

These tests are in a videotaped format . Ten people appear on each tapefive who are
lying and five who are telling the truth. Test-takers see each person on each tape. In
response to each videotape segment, test-takers indicate whether or not the person on
the
tape is lying.

OSullivan and Ekman have screened over 12,000 professionals for their expertise at lie
catching. Twenty-nine of the 12,000 met the researchers criteria for wizardry. To
convince readers of the genius displayed by these individuals, OSullivan and Ekman report
a statistical computation. It shows that there is an extremely low probability that any
given person would achieve a wizard performance by chance.

Chance performance: one in which a test-taker responds to video segments as though
s/he were flipping coinsthus having a 50/50 chance of being correct on each of 30 lie-or-
truth segments.

Statistical concerns

People do not respond to the crime and opinion video segments asthough they were
flipping coins. They judge more than 50% of these lies andtruths correctly, as journal
articles report. Also, OSullivan and Ekman report the probability of one individual
achieving a wizard-qualifying test score, even though more than 12,000 individuals have
been tested. Although the probability of any one person excelling at these tests is low, it
may nonetheless be quite likely that one (or more) of 12,000 test-takers would achieve a
highscore

DIAGNOSTIC EVIDENCE
The current evidence may simply be insufficient to uncover these 29 individuals wizardry.
Indeed, it is conceivable that many more of the 12,000 professionals in question are
wizards
it is important to consider the forms of evidence that could (and could not) diagnose lie
detection wizardry.

To be diagnostic, tests for wizardry must meet certain psychometric and statistical criteria.
The tests must be internally consistent.

An a priori statistical definition of wizardry needs to be specified.

Computations must demonstrate that the cutoff score to be used for identifying wizards
has sufficient statisticalpower to detect this statistically defined wizard.

. Evidence of an extra-chance detection performance should be required before any
wizardry is inferred.

Other considerations in testing:
- Standardized testing procedures should be used.
- No one should be allowed to score their own test of lie detection ability, nor
should anyones report of their score on a test be uncritically accepted.
- Tests should be supervised and scored by a third party, ideally an individual who
does not know the correct answers to test items.
ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014. ATTY ANGELA AGUINALDO 13

- The supervisor should have no pre-existing belief about the ability level of any
particular test-taker.

CONCLUSION: Convincing evidence of lie detection wizardry has never been presented. In
fact, no truly diagnostic procedure for identifying wizards has ever been reported. Thus, it
is premature for government officials to rely on any wizards of lie detection in cases of
extraordinary importance. It is likewise premature for forensic psychologists to base their
research on the assumption that lie detection wizards do (or do not) exist. Rather than
constructing research programs on any such assumption, forensic psychologists would be
better advised to spend their time developing procedures that could in principle
distinguish lie detection wizards from nonwizards.

SELF-PRESENTATION AND VERBAL DECEPTION: DO SELF-PRESENTERS LIE MORE?
By Robert S. Feldman, James A. Forrest, and Benjamin R. Happ

A. SELF-PRESENTATION STRATEGIES
Jones and Pittman (1982) identified five self-presentational strategies:
1. Ingratiation: to appear likeable
2. Self-promotion,
3. Exemplification,
4. Intimidation and
5. Supplication.
- Each of these strategies differsin the way an actor, or self-presenter, wishes a target
to attribute the self-presenters actions and behaviors.
i. Ingratriate vs. Self promotion:
Differences in verbal and nonverbal behaviors of people who attempt t oingratiate
compared to those who attempt to self-promote. Research shows the following:
1. People who self-promote engage in pro-active behavior, whereas people who
ingratiate engage in reactive behavior.
2. When participants are given a goal to ingratiate or to appear likable, they nod,
smile, and gesture to a greater extent than participants who are given a goal to avoid
approval.
3. A persons self-presentation goals of ingratiation and self-promotion affect his
or her display of positive and negative emotions.

Self-presentation (def.): a creative process in which actors mold their outward behavior
while taking into careful consideration the specific context and the target audience.
Inherent in this view is the notion self-presentation may, in some cases, lead to deception.

The very nature of ingratiation and self-promotion may call for deception in certain
circumstances. r example:
- job applicants who attempt to self-promote may exaggerate their abilities,
- people seeking a potential dating partner at a party may appear to agree
with another person to appear likable.
People may lie differently according to particular normative and situational demands.
Studies show that men and women lie about the same amount, but they lie in
different ways.
These studies show that people not only lie more or less depending on the situation,
but also that the social context and other variables may affect the way people deceive
others.


B. Study Conducted

This study examined the effects of self-presentation goals on the amount and type of
verbal deception used by participants in same-gender and mixed-gender dyads.
Participants were asked to engage in a conversation that was secretly videotaped. Self-
presentational goal was manipulated,where one member of the dyad (the self-presenter)
was told to either appear (a) likable, (b) competent, or (c) was told to simply get to know
his or her partner (control condition). After theconversation, self-presenters were asked
to review a video recording of the interaction and identifythe instances in which they had
deceived the other person.

Overall, participants told morelies when they had a goal to appear likable or competent
compared to participants in the controlcondition, and the content of the lies varied
according to self-presentation goal. In addition, liestold by men and women differed in
content, although not in quantity.


Consistent with the idea of the pervasiveness of deception in everyday life, the majority of
the participants told some type of lie in their conversation.

Over 60% of the participants admitted to using verbal deception when speaking with their
partners. The number of lies told per session ranged from none to as many as 12 lies.
Overall, the pattern of the results was as expected. More lies were told when participants
had an ingratiation or competence goal for the session compared to no specific goal for
the interaction.

ALDECOA, CUSI, MAGPANTAY, POZON, TRINIDAD. LEGPSYCH 2013-2014. ATTY ANGELA AGUINALDO 14

In addition, self-presentation goals were related to the content, the type of lie, and the
rationale for the lie being told.
- Specifically, people (especially men) in the competence condition told more
self-oriented lies and lies about plans and achievements. People in the likable
condition tended to tell more outright lies and exaggerations, and more lies
about feelings.

The pattern of results provides initial evidence regarding the relation between self-
presentational goals and deception patterns.
Peoples goals affected the number and type of lies they told, presumably employing
deception to achieve thegoals of the interaction.

60% of the participants lied during the 10-min conversation, and did so an average of
almost three times.
- The large number of lies told might be related to the awkwardness of having
to speak with a stranger for a period of time in a laboratory setting. For lack of
anything better to say, it is possiblethat participants embellished, or even
invented storiesto pass the time. Outside the laboratory, people have the
abilityto end a conversation that they find boring or awkward.

40% of the participantsclaimed to have told no falsehoods. As with any self-report
measure, including diary studies, these data need to be considered with caution because
the number of lies might actually be higher if we consider that some of the participants
may have been lying about not lying, and did not report all or any of their lies.