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Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

DECEPTION DETECTION 3. Concealments

 Omitting relevant information


The Tokyo Declaration
Nagsabi ka ng totoo but you omitted certain parts of the truth. So
it’s a half truth.
 Endorsed by the world medical association in 1975
4. Exaggerations
 Declares the abhorrence of physicians of acts of
torture and that no physician shall countenance or
5. Understatements
participate is a such
 In exaggerations and understatements, you make
Why is this relevant to you? Because as you find out later, some of
something bigger than it is or you minimize an
the techniques of deception detection involves the use of
importance of something.
enhanced interrogation techniques, techniques that would not be
possible without the active intervention of decisions.
So this is something that you should know because these hat your
patients do to you. Patients are notorious liars. So, its up to you as
Deception
a doctor to you to be able to bring out truth.

Nakagamit naba kayo ng cheap sir? Hindi, wala po talaga akong


 Acts to propagate belief of things which are
magagamit , sabi ng patiente. Eh bakit may G(+)diplicocci dito sa
o False
smear mo? Patiente: naku siguro sir nakuha ko yan nung
o Half truths
nakatambay ako sa bus station. Madumi po CR dun. Yan yung mga
 Intentional
paboritong sinasabi ng patiente. They will not tell you the entire
truth.
Can you lie unintentionally? As you notice, hindi kayo
makakapagsinungaling without intending. Whether its white lie or
For Integrity Identification. Yan yung mga “siguro doc” “hindi po
a high value lie. It has to be intentional, and because it is
ako sure eh”. Kunwari kasama yung parents, pumunta sayo. 17
intentional it involves the use of positive cognitive function.
y/o girl. Are you having a sexual relation? Kasi your thinking of
pregnancy. Girl: hhmm wala naman pong nangyayari masyado.
 Involves use of positive cognitive function
Ambiguous statement. And that’s actually what they say in actual
practice.
It uses not only memory, it also uses your frontal cortex. What
does that mean? Pinoprocess niyo yan. When you use something
DOC: Ikaw ba naninigarilyo? Patient: konti lang doc. DOC: gaano
only from your memory, yung time of recall mo is faster.
kakonti ang konti? Patient: mga isang kaha. Kasi dati po 2 kaha.
Natandaan mo siya eh. Edi natandaan mo na yung sasabihin mo.
Doc, sobrang sakit po ng ulo ko, 10/10.penge po med cert. Sa
Pero when you use positive cognitive function, mas matagal ang
tingin ko pag 10/10 ang pain mo dapat nakahandusay ka na sa
sagot mo. Thereby increasing your response time. So what does
sahig. But they will say that to you. So its up to you. You should be
that say? That means that pagnagsisinungaling sayo yung BF mo
able to tell the truth from a lie. Ikaw ba naman na doctor
mas matagal siya sumagot. Pag niloloko ka ng BF mo hindi agad
nagpapaniwala ka sa lahat ng sinasabi ng patiente sayo.. You have
agad, inisip muna nya eh. That is a consequence, it’s a technique
to be able to differentiate.
that is written on your textbook. Its called a Dissociation test.
Understatement: Doc athlete po ako. DI naman masyado masakit
5 Primary forms of Deception tuhod ko-kahit may fracture na, bali na yung patella. Kaya ko pa
1. lies po magtraining. Common yan. I remember my patient. She was a
member of Taekwondo team. She really wanted to train but has a
Classic lie. The opposite of truth. Here are your ambiguous or
ruptured tibia which has to be operated on. Tapos makikipag
contradictory statement.
negotiate pa sayo. Tapos makikita mo the she stands. Laha tng
weight niya nasa kabilang side ng katawan. Eventually maffracture
2. Equivocations
din sa kabila of the sustained pressure. So wag kayo basta basta
 Indirect, ambiguous or contradictory statements naniniwala.

You don’t answer the question. But you’re not telling lying per se,
you are just unresponsive to the question.

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Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

Example: A pedophile. Many years ago..sa kanyang belief he was


not molesting, an 8 yrs old girl that he had sex with. In his belief,
Motivation for Deception he was educating the 8 yr old. Ganun sia magisip. Hindi ko naman
Interpersonal Deception Theory siya sinasaktan e. Hindi ko yan nirape. When the psychiatrist dug
deeper, that in this man the girl wanted him to have sex with her.
1. Instrumental So that’s a pedophile. The girl was not abused. To him he was
helping the girl. Kakaiba yung pagiisip niya.
 Avoidance of punishment/resource protection
Uses rationalization e.g Pedophile
Eto yung ayaw makulong, kung gusto mo makeep yung ninakaw
mo, so you lie. 4. Psychopathic liars

2, Relational What they did is the reality. They have no guilt signs at all. In fact
they are even charming. They have nice personality. Kaya ka
 Maintenance of bonds nilang utohin. Psychopath believes that yung reality niya should
be the one that is imposed to the world. So ibig sabihin, for
To keep your GF/BF. So kahit gusto mo na siyang patayin dun sa example: a psychopath decides to kill only Fatima graduates. He
ginawa niya (hindi, ok lng yan). Or the opposite. You really really believes that Fatima graduates are (devil?) so why do you think
wanted to break up with your BF, so kahit gaano katagal siya when you ask them, “do you think what your doing is bad?”
magtext sayo, you make a big deal out of something. answer: NO. He believes what he is doing is the right thing. That’s
why there are no guilt signs. Ganun yung thinking niya. The
3. Identity
reality of a psychopath is twisted such that it is very difficult to
detect them.
 To preserve face/ self image

You try to preserve yung status mo. So, you lie because for Deception Detection-continuation
example sinabi mo , mga kamag-anak mo sa province, “Ay ako po  Detected at cognitive level
ay doctor na”. pero yung totoo di ka pumasa sa boards. Pero ang  Lying require deliberate effort
rationalization mo din a nag board kasi naawardan naman.  Results to: (neuro-linguistic Programming)
o Disturbance
o Repeated words-trying to delay the
Types of Deceptive Personality
response time. Poor logical structure and
1. Bad liars
fear. Natatakot siya kasi baka mahuli siya.
People who are having a hard time. These are people who even o Less talking time
without the techniques that we will teach you will-alam mo nang  Essential requirement for administration of justice
nagsisinungaling sayo. Ung hindi na siya mapakal sa upuan. May  Initially the task of the investigator
mga obvious na sign.
Why is it important that deception detection needs to be done?
2. Natural liars Siyempre its an essential requirement for administration of
justice. Alangan naman na ung hindi guilty yun ang ikulong mo.
 Identified by Dr. P Eckman Siyempre kelangan malaman yung katotohanan before you
prosecute them. Hence it’s the initial task of the investigator.
No greater increase in lying potential. Hindi sila mas madalas mag
lie. They have no moral compunction in life. They just know that Methods of Detection
they can get away with it, even though they don’t.  Devices which read the psycho-physiological response
 Use of drugs that try to inhibit the inhibitor
3. Practical liars  Hypnotism
 By observation
 Years of practice have worn away guilt liars  Scientific observation
 Confession
They know that they have a hard time getting away with it. But
over the years, in many years of practice of lying, nawawala na
yung guilt signs. Hindi na niya nahahalata

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LJ
I stare, I smile and when I get tired…I put the mirror down.

Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

I. Recording the Physiologic Response  Pneumograph - test for RR,PR


 Galvanometer – sweat test
 BP cuff - BP
 Based on flight or fight reflex of the autonomic  Pupillary response – most accurate, 10-15% error?
nervous system  When a person is under the influence of physical
 When a person is under stress, the sympathetic system (exertion) or emotional (anger, excitement, fear, lie
predominates detector etc) stimuli, the sympathetic will dominate
and over-ride the parasympathetic, thus, there will be
When you are stress, your body will respond particularly your changes in HR, PR, BP, respiratory tracing,
limbic system will respond with inner fight or flight form psychogalvanic reflexes, time of response to question,
response. And what is implied for a slight response, basically the voice tracing etc..The parasympathetic works to
fight or flight response is an autonomic nervous system response restore things to normal when the conditions of stress
where in your sympathetic system predominates. For example, have been removed.
your already clerks. From duty kayo. Umuwi kayo sa bahay ng
10:00. Habang naglalakad kayo, lets say you live in tampoy. According to the journal I read, kaya mong dayain ang RR, BP, HR,
Pagdating mo sa may tampoy biglang may humarang sayo. Sinabi, sweating-mas mababa. But pupillary response is the most
hold up to! What do think will happen to your body? What will be accurate. Mahirap controlin ang pupillary response.
your physiologic response?-increase HR, RR. Your body is trying to
oxygenate your blood so that you have enough fuel. Ano pa? – How is test conducted?
increase BP. Pupillary dilatation. Why? Because youre trying to  Subject is instructed to sit up straight
increase visual acuity. To increase the maximum field of vision.  Subject is instructed to look up straight ahead
Ano pa? Sphincters will stop/close, and your sweat will increase.  All questions are answered by either yes or no

Notice all of the following, are they measurable? Your BP, RR. So if Othello Error
you can measure, that means that you can now create a system  When the interviewer goes to an interview with an
where in somebody is having sympathetic response you can now accusatory attitude, the person is put on defensive
time up when that person is not in sympathetic response  Changes the baseline norm thus, affects the accuracy
of the test
Test which measure psycho-physiologic Response
 Use of a polygraph or a lie detector machine For example: pinickup ko kayo sa daan. Nilagay ko kayo sa isang
 Use of the word association test kwarto. Sound proof. And then I asked you questions like this: do
 Use of the psychological stress evaluation you think you will be scared or not? Di ba nakakatakot yun?

A. Use of Polygraph or Lie detector When you are just put there, and then accused story
attitude(32:23), the person is totally defensive there by clouding
your interview.
Works by measuring the HR, BP, RR and working on the
assumption that the fear of getting caught in a lie will increase Phases of Exam
your sympathetic response. Bakit? Natatakot ka e. The polygraph 1. Pre test Interrogation
works like an ECG.
 To determine whether there is history of hypertension,
 Fear of subject in getting caught not telling the truth psychological condition and the like
allows for determination
 Like ECG Kasi kung may high blood yan may blocker (antihypertensive
 Interview is recorded on a monitor meds) yan. So you could adversely affect your test. Or the person
is not taking hypertensive meds do you think it is persistently
Requirement for polygraph exam elevated? Kung psychopath pala yung kausap mo, ano ang
makukuha ng polygraph examination mo? You have also to
explain the purpose. And when we explain the purpose, you are
 The room must be sound proof able to reassure the person. So kahit papaano hindi na siya ganun
 Must be quiet kabado. And you have to determine any criminal record on the
 Isolated subject. The common use of polygraph is not actually for criminal
 Free of distraction/disturbance interrogation. This is commonly used whenever you are applying

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Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

for a position that has a security clearance. For example: national Supplementary Test
security agencies. To determine whether the applicant has any
animosity towards the republic of the Philippines.
 Peak of tension test
 To explain the purpose o The subject may be given this test if he is
 To develop test questions not yet informed of the details of the
 To relive stress and apprehension offense for which he is being interrogated
 To determine any criminal record of the subject by the investigator.
o When the question which refers to a detail
2. Post test interview of the incident is asked a guilty subject will
develop a peak of tension which will be
 To clarify findings
recorded in the tracing.
 To obtain additional information  Guilt complex test
 To learn of there are any other reasons for the o This test is applied when the response to
subjects knowledge of the crime relevant and control questions are similar In
degree and consistency and in a way that
A subject might know something about the crime, pero hindi
the examiner cannot determine whether
naman siya nagcommit ng crime. For example: you put them all in
the subject is telling the truth or not
the room. And then the other persons in the room know
something about the crime and they talk about it which is over The subject knows why he is being asked, but equivocal. Di mo
heard by the subject. Once its his turn to undergo the polygraph
masabi kung nag lie or hindi. So ask him about the similar incident
exam, magpopositive siya sa polygraph kasi naoverheard it. So that had happened but not related to your impression control
that’s why you have to clarify for the subjects knowledge about question pero set. Di lang isa isa. Pag control question kasi isa isa
the crime.
lang yan eh. Pag sets na siya-its guilt complex.

3. Actual interrogation  Silent answer test


o Subject is instructed to answer the
 Irrelevant questions
questions silently without making any
o No bearing to the case under investigation
verbal response
(Name, age, marital status, education etc)
o This is effective when the subject’s verbal
 Relevant questions
response causes distortion in the tracing
o Pertains to the issue under investigation
such as sniff or clearing of the throat
Did you kill? Did you steal? Etc..
In silent answer you have a speech integument. Ngo-ngo ka. So
ngayon pag nagsalita ka hindi maintindihan yung salita mo. Nag
 Control questions
peperforate, parang lumalabas. So what well do in order to
o Unrelated to the matter under investigation
remove speech integument from the equation is to ask you not to
but of a similar nature
answer the question out loud. So please answer the questions in
For example: if you are talking about vehicular accident. Pwede ka your mind. And then that’s the time they can compare it. Kasi nga
magtanong. Do you have any knowledge of a vehicular accident. because of the abnormality nagkakaroon ka ng something that
Dapat hindi yung specific. Halimbawa nangyari sa harap ng FUMC. clouds result.
You just ask if may nangyare along mac Arthur hiway. Bakit? Once
the answer of that is put against the question wherein specific na Reason for admissibility
to Fatima, pwede ko i-overlap yung answer, ang titignan mo is  User/operator dependent
kung similar ba o hindi. Pag naoverlap mo yun makikita mo kung  No assurance of qualified examiner
positive or negative talaga.  Opinion of the expert is the sole basis
 Violates right against self incrimination
 Probable lie questions  Error prone

In doing polygraph di siya feasible sa court bakit? Because


polygraph violates the right against self incrimination. User
dependent. Pano pag ang humawak sayo kalaban mo. Sasabihin
“in my opinion the subject is lying:. So there is no assurance of

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LJ
I stare, I smile and when I get tired…I put the mirror down.

Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

getting the examiner. Furthermore there is a 25% error prone. So When you use these 2 terms on any particular prisoner or
the newer machines are now less prone to 10-15% error prone. somebody in the job to interview dito kelangan idugtong. Bakit?
Pero may error pa rin. This two were put too much. Kasi they don’t know how to use
that. They inject and inject that drug into the patient subdermal,
B. Word association Test subcutaneously until you reach the point of delirium. One the
 Stimulus and non stimulus questions are asked subject is in delirium, din a niya macontrol yung sinasabi niya, and
so he will be amendable to questions. But the problem is this will
Stimulus question is like your relevant question and non stimulus cause tachycardia. So kung masobrahan yung bigay mo it can
are like your irrelevant question. It doesn’t matter what your cause heart attack.
answer is. Ang tinitignan mo dito is the response time. How fast
he can answer.  Narcoanalysis/Narcosynthesis
o Sodium pentothal/sodium amytal
 Quickness of answering is an indicator of truthfulness
 The answer is unimportant This is hypnotic. The first drug to give for acute sequence
 The time interval between the words uttered by the induction. What is acute sequence induction?
examiner and he answer of the subject is recorded
In stages of anesthesia. Stage 1 and 2, if you put somebody in
stage 1 and 2, magwawala yan. Suntok suntok yan, magkakaroon
ng ballistic movements. So, ikaw yung anesthesiologist, ayaw mo
C. Psychological Stress Evaluator (PSE) ng ganun. Eh kung maabutan kayo ng patiente.So because of that
 a.k.a “Voice analysis” they developed a new technique called acute/rapid sequence
 measures in audible frequency modulation which induction. This works like this. First you give hypnotics. Patient
occur with the oscillations of the vocal cords called now falls asleep. And then you can give muscle relaxant. So
microtremors in 8-14Hz range ngayon din a siya magwawala. Now, your free to intubate and
 microtremors disappear when under stress give the gas(halothane etc) and then it goes to stage 3 without
any ballistic movements. Kaya lang pagkabigay mo ng SODIUM
When you were still 14, napapansin nyo ba pag kausap niyo crush PENTOTHAL before falling into sleep, that patient will be
niyo bigla kayong pumipiyok. The problem here is that, it works extremely susceptible to questions.
the same way as psychological stress evaluator because of the
tension of your voice. Yung vocal cords mo is tensed. Thereby you One time may stab wound yung patient. Ininduct naming siya ng
emit the high pitch voice. In our system we use microtremors. 8- sodium pentothal. Pano kung nagkaroon ng problem, na
14-inaudible yan. When you are in stress, the microtremors neutralize siya sa effect ng sodium pentothal. Nagtatanong kami
disappear because pag hindi ka stress yung vocal cords are loose. ng kung ano ano, true enough the patient being only suggested
So nagvivibrate naturally. Pag stress ka, the vocal cords are tense. only to answers. (chismis) the problem is, once they wake up they
So microtremors disapper. The sudden disappearance of remember kung ano ginawa mo.
microtremor is what you are looking for.
It is claimed that the drug causes depression of the inhibitory
Advantage of PSE mechanism of the brain and the subject talks freely. Like the
 no attachment of sensors needed administration of truth serum, the result of the test is not
 no restriction admissible in court
 outside distraction need not be eliminated
o SP 117 “truth serum”
II. Use of drugs that inhibit the inhibitor
 Truth serum Hindi siya nakikita ngayon since the fall of soviet union. Sa ngayon
o Hyoscine bromide there are no samples. But for the journal of forensic science, kasi
when you do an analysis of serum, some of you compare it using a
Hyoscine bromide is given hypodermically in repeated doses until GCMS (gas chromatogram mass spectrophotometer). Recently SP
a state of delirium is induced (may lead to heart attack). When the 117 suspected to have surfaced again in Libya. So we dont know
proper point is reached, the questioning begins and the subject yet.
feels a compulsion to answer the questions truthfully.
Rapid sequence induction
o Scopolamine – component of eye drop,and
usually you have to inject it as well. May  Intoxication with alcohol
sometimes cause psychotic reactions

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Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

In Philippines we like the traditional days.  Halimbawa inaresto o Dryness of the mouth – continuous
ka kagabi. Maya mayang gabi eh nasa kulungan ka aayain ka ng swallowing and licking o f lips or asking
mga BJMP (tagay) go-goodtripin ka nila. Edi inom. Eh syempre water – sympathetic activity
ikaw ba naman prisoner ka dun tapos bigla kang lalasingin di ka ba o Excessive activity of adam’s apple
matatakot? Sa umpisa di ka masyado iinoom masyado. Tagay ka o Fidgeting – constantly moving
konti konti lang. Eh maya maya mga lasing na yung iba. Sasabihin
sayo okay to, okay to, hindi pala to set up kasi lasing na yung mga Of course hindi naman natin pwedeng sabihin you have to look at
iba. So maeenganyo yan, kaya iinom na din hanggang sa malaing. the means totality kasi may mga tao talaga na hindi mapakali.
Ngayon, pwede bang sabihin sa court “your honor while drunk the May mga taong hindi mo mapapatigil so yan ang exception to the
prisoner confessed to us that he was the one…”obviously hindi rule.
siya pwede. so look for corroborative evidence. Ano ibig sabihin?
KAsi usually sasabihin niyan pag lucid yan wala akong kinalaman o Peculiar feeling inside - sensation of
jan, wala akong alam jan. Pero pag lasing nay an, mag kkwento lightness, subject is confused
nay an lalo na pag mayabang. Pag kinuwento mo na un, hindi o Swearing if the truthfulness of his assertion
namna gagamitin against him, you can now have crime scene. o Spotless past record – “religious man”
That’s how Philippine police system works. o Inability to look at the investigator ‘straight
in the eye’
III. Hypnotism o “Not that I remember” expression
 Alteration of consciousness and concentration
 Heightened state of suggestibility
V. Scientific Interrogation
Wala na siya sa wisho. So, pag ganun ang nangyayare sayo pwede  Interrogation – questioning of a person suspected of
kang maging suggestible. It could be what we are asking for is having committed an offense or a person who are
something that the one who is hypnotized assumed to be reluctant to make a full disclosure of information in his
suggested to him. Parang yun ang nangyare because of the possession which is pertinent to the investigation.
hypnotism not because it is what happened. So that’s why is it
very unreliable. Suggesting the miscibility the credibility of the Interrogation is a person suspected of committing an offense and
confession. it may be done not only on the suspect but also on the witness.

 Pseudoscience Technique of Investigation


 Inadmissible due to:  Emotional appeal to conscience
o Unreliability o Interrogator must create a mood that is
o Suggestibility destroy the credibility of the conducive to confession. He may be
admission sympathetic and friendly to the subject
o Hypnotized subject will deliberately
fabricate Kunwari, drive of passion. Ung isang teenager na pokpok yung
o The fear that the Trier of fact will give kapatid niya dahil sa casserole kasi hindi siya pinahiram, sinaksak
uncritical and absolute reliability to a niya. So yun, hindi mo na kelangan i-interrogate kasi habang
scientific device without consideration of its kakausapin mo lang siya nagkkwento na siya ng “dapat binigay na
flaw in ascertaining veracity lang niya saken “. Usually ginagamit mo lang to sa mga hindi
o State of the mind, skill and professionalism criminal. Syempre pag real criminal tulad ng kidnap for ransom,
of the examiner are too subjective mas matigas pa mga puso nun.

IV. Observation  Mutt and Jeff or good cop/bad cop


Usually when you an interrogation, there is an interrogator and o There must be 2 investigators with opposite
yung isa, observer. The observer will be seated at the back and characters. One who is arrogant (MUTT)and
you will be looking at these: one who is friendly (JEFF). When MUTT is
not present JEFF will advice the subject to
 Observes physiologic/psychological signs of guilt: make a quick decision and plea for
o Sweating cooperation.
o Color change (flushing) – pale is a more
common sign of guilt What you’re actually doing is that your trying to induce a shorten
period of “Stockholm Syndrome”. For example: when a person is
kidnapped the person is able to relate to the flight of the

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LJ
I stare, I smile and when I get tired…I put the mirror down.

Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

kidnapper para maging friends sila and pag naging ganun, naaawa If you notice, if you are telling something from memory, mabilis
na siya dun sa kidnapper. So there is emotional attachment. ang kwento mo and most truthful persons uses the past tense pag
nagkkwento. Usually pag nagsisinungaling, nagsshift sila into
“bad cop” will treat as a terroristic setup para mateterorrize yung future tense. Tapos hindi na niya gagamitin ang “AKO” kundi
tao. “good cop” would come in and say maawa nalang tayo sa “KAMI, napunta na siya sa plural.
kanya thereby creating a mini state of Stockholm, he will be more
susceptible to tell him the “good cop” what really happened. Kasi So, when somebody is truthful to you, usually you use the:
nga there is already an emotional attachment.
RULE OF THUMB: 1st person singular past tense
 Bluff on split-pair technique
o Applicable in 2 or more persons. All of them VI. Confession
a interrogated separately.  Defined in the rules of court as an expressed
o Interrogator may claim that the subject was acknowledgement by the accused of the truth of his
implicated by the author and that there is guilt
no use for him to deny participation.
Inamin niya of his guilt. Before a subject can protest or an accused
Works best if one is a dominant personality. The dominant can protest he must be confined with the following . Hindi pwede
personality here is usually the weakest link. Yung matagal, sabihin mo lng “ako po talaga gumawa” it must be made in the
matalino, medyo matibay ang loob. Yun ang weakest link jan. presence of a counsel. Bakit kelangan may counsel? The counsel is
What do they do? They will interrogate them separately and they there so that it could protect your rights. Kasi alam ng abogado
will put the dominant personality on the last interrogation. kung ano yung pwede at hindi pwedeng gawin. He’s there to
Eventually, the 1st or 2nd person will come out of the interrogation make sure that you are really cognizant of what you are admitting
room and they will not be allowed to talk to the dominant to. Eh kung murder inadmit mo habang buhay ka nakakulong.
personality. If the policeman/ interrogator show signs that he has kelangan tanungin ka ng judge mabuti kung alam mo ba.
cooperated, okay yan halika dito-kahit na hindi siya nagcooperate.
The assumption of the dominant personality is that the cohort has  Must comply with the ff. to be admissible:
broken. Pero in reality, the less dominant never breaks. Usually o Must be made in presence of counsel
the dominant will give out the confession. Kasi nga iniisip niya (lawyer)
“naku po mahina tong taong to, mabuti pa unahan ko na” o Must be expressly made and not implied
“naunahan ko na, nadali ako” o A judge must make probing questions as to
the understanding of the accused of what
 Stern approach he is confessing to
o Interrogator uses harsh language.
Immediate response from the subject is Kinds of Confession
demanded. You threaten the suspects. 1. Extra judicial Confession – must be accompanied by evidence or
 The subject is given the opportunity to make a lengthy corpus delicti
time consuming narration
o Making further statement for fear of Corpus delicti
contradicting his previous statement
 Body of a crime or fact of specific loss or injury
Habang nagkkwento ka, pabaon ng pabaon ang kwento mo kasi sustained.
the more na you are asked to make a story, it is a compulsion for
you to try to perfect the your story kaya lang that story, the more Body of evidence. For example: wala na yung body pero na sayo
details that you put in it, that is to corroborate .Kaya dapat pag yung muder weapon, blood ng victim, fingerprint etc..
nag kkwento kayo, kelangan alam mo na lahat tapos konti lang
 May not be necessarily be body of crime but may
ung details.1:06:20
consist of facts and circumstances tending to
corroborate the confession
Statement Analysis
 The reason for the above rule is to guard against
 All truthful statements come from memory
conviction based upon false confession
 Thus truthful persons usually uses a past tense when
recalling events from memory
 The use of the 1st person “I”

What do I do when I see someone extremely gorgeous? Page 7 of 9


LJ
I stare, I smile and when I get tired…I put the mirror down.

Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

A. Voluntary extra judicial confession A. Physical Torture


 Form of treatment or punishment inflicted by a person
 The confession is voluntary when the accused speaks in authority upon another in his/her custody that
of his free will and accord without inducement causes severe pain, exhaustion, disability, or
dysfunction of one or more parts of the body such as:
B. Involuntary extra judicial confession o Systematic beating, head banging,
punching, kicking, striking with truncheon
 Obtained through force, threat, intimidation, or
of rifle but or other objects and jumping in
anything influencing the voluntary act of the confessor
stomach
o Food deprivation or forcible feeding with
2. Judicial Confession – made before a judge in a judicial
spoiled food, animal or human excreta and
proceeding
other stuff or substances not normally
eaten
Maltreatment of Prisoners
o Electric shock
 Public officer/employee
o Cigarette burning, burning by electrically
 Has under his charge a convicted/detention prisoner
heated rods, hot oil, acids or spices directly
What is the difference between a convicted or detention on the wounds
prisoner? Pag convicted, pang guilty na. Pag detention, accused ka o Submersion of the head in water or water
pa lang. So bakit may distinction? Pag convicted ka na, sa bilibid polluted with excrement, urine, vomit and
ka na. So the people who are in charge of you are Bureau of or blood until the brink suffocation –
corrections. Pag detention prisoner ka, pupunta ka pa din sa martial law torture technique/ “the wet and
hearing so the people in charge of you are the Bureau of jail dry submarine”
management and Penology (BJMP). o Being tied or forced to assume fixed and
stressful bodily position – nakayuko ka lang.
 Maltreats the prisoner di ka nakatayo or nakaupo.
o Overdoing on handling the prisoner – o Rape and sexual abuse including the
nasobrahan. insertion of foreign objects into the sex
o Maltreatment of a prisoner to extort a organ or rectum or electrical torture of the
confession/obtain some information from genitals
the prisoner o Mutilation or amputation of essentials parts
of the body such as genitalia, ear, tongue
For example: you are accused of a bank robbery where in you o Dental torture or the forced extraction of
stole 1B pesos. Syempre hindi nahanap yung pera. The people the teeth
would like to extract that information to you. Kaya lang there is a o Pulling of fingernails
weakess in this particular law. Eh pano pag ka fellow prisoner o Harmful exposure to elements such as
tortures you, eh di wala na. Hindi naman BJMP officials e, hindi sunlight and extreme cold
naman bureau of Corrections. Pano pag yung may hire some o Use of plastic bag or other materials to
person to extract the information from you, hence they came up cover the head to the point of asphyxia.
with: This is the counter part of dry submarine
o Psychoactive drug – injection of formic acid
R.A. 9745 or Anti torture act of 2009 in the subcutaneous

 Any person who actually participated or induced This is not included in the list. Water boarding. There is a rag that
another in the commission of torture is placed over the head and water is poured over the rag. Dahil
 Any superior military , police or law enforcement kana trendelenberg siya, the water will not enter the lungs the
 Immediate commanding officer of the unit person will not drown. What is the purpose? Kasi your head is full
 Shall have led, assisted, abetted or allowed whether of sinuses. The sinuses are supposed to be air filled. If they are
directly or indirectly filled with water, your brain reacts to it as if you are drowning. So
you can induce the fear of drowning. Purpose? This was
developed because it does not give any signs of that person was
drowning. No congestion of lungs…

What do I do when I see someone extremely gorgeous? Page 8 of 9


LJ
I stare, I smile and when I get tired…I put the mirror down.

Quid Refert, Dummodo non Desinas, Tardius Ire

LEGAL Deception Detection


MEDICINE Dr. Lising

B. Mental/Psychological torture
o Blindfolding
o Threatening a person or his/her relatives
with bodily harm, execution or other
wrongful acts
o Confinement in solitary cells or secret
detention places
o Prolonged interrogation
o Preparing a prisoner for a show trial public
display or public humiliation of a detainee
or prisoner
o Causing a unscheduled transfer of a
prisoner
o Maltreating
o Torture sessions witnessed by family
o Denial of sleep and rest
o Shame infliction (striping naked, parading
him/her in public places)
o Deliberately prohibiting the victim to
communicate with any member of his/her
family
o Other analogous acts of mental psych
torture
1:28 You are gathered from a place that has
no jurisdiction over you and then you were
put on a place who has jurisdiction.
Basically para kang, your hiding in the PHIL.
The phil. Has no jurisdiction over you the
Indonesians kidnapped you and bring you
back in Indonesia-stand trial

END

What do I do when I see someone extremely gorgeous? Page 9 of 9


LJ
I stare, I smile and when I get tired…I put the mirror down.

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