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APA MAGAZINE

THE MAGAZINE FOR THE POLYGRAPH PROFESSIONAL


MAR • APR Vol. 53.2

JUNE 14 - 20
CONTENTS
MEMBERSHIP NEWS

1 EDITOR’S CORNER
Mark Handler

6 IN MEMORIAN
Vergil Williams

8 2020 APA Election Schedule

TRAINING AND SEMINARS

10 AMERICAN POLYGRAPH ASSOCIATION


APA Accredited Programs

FROM THE BOARD

16 President´s message
Darryl Starks, President

18 Board of Directors’ Reports

REGULAR FEATURES

42 polygraph art: Creation


Gur Segev Ronen

44 Practical Polygraph: CQT Formats by the Numbers


Raymond Nelson and Ben Blalock
SPECIAL FEATURES

49 Interviewing Strategy For Intelligence Gathering


Philip A. Mullenix

61 ESS-M Cheat Sheet


Raymond Nelson and Mark Handler

65 Untold Stories of Polygraph; Losing One of Your Own


Detective Desiree Wuthenow

68 Symptomatic Questions Should be Deleted: Data Matters


Richard Keifer

73 Counterpoint on Symptomatic Questions


Raymond Nelson

APA National Office Email


If you need to contact the APA National Office, send us a message to
manager@apapolygraph.org
CONTRIBUTORS TO THIS ISSUE The APA Magazine is published by the Ameri-
can Polygraph Association. All views, opin-
Ben Blalock ions and conclusions expressed in this mag-
Steve Duncan azine are those of the authors, and do not
Donnie Dutton necessarily reflect the opinion and/or policy
of the APA or its leadership. References in
Mark Handler this magazine to any specific commercial
Richard Keifer pro-ducts, process, or service by trade name,
Philip. A. Mullenix trademark, manufacturer or otherwise, does
not necessarily constitute or imply endorse-
Raymond Nelson ment, recommendation, or favoring by the
Roy Ortiz APA or its leadership.
Lisa Ribacoff Appearance of advertisements in this maga-
Gur Segev Ronen zine does not constitute or imply endorse-
ment, recommendation or favoring by the
Pam Shaw APA and the APA makes no warranty, express
Darryl Starks or implied, regarding the accuracy, complete-
Erika Thiel ness, or usefulness of any information, prod-
uct, process or service made a subject of
Gordon Vaughan such advertisement.
Desiree Wuthenow
Advertising and Editorial address is
editor@polygraph.org
Subscription address is: APA, P.O. Box 8037,
Chattanooga, TN 37414- 0037.
The APA Magazine is published six times per
year and is available in electronic format only.
Address and e-mail changes/updates should
be sent to: APA, P.O. Box 8037,
Chattanooga, TN 37414-0037,
DEADLINES
or manager@apapolygraph.org
E-mail notification is sent to subscribers
Deadline for May/June issue:
when the latest publication is available.
May 20, 2020
The APA webmaster is not responsible
for issues not received because of improper
address information. Submission of
polygraph related articles should be sent to:
Mark Handler, editor@polygraph.org
APA BOARD OF DIRECTORS
2019-2020
President Director 8
Darryl Starks Walt Goodson
president@polygraph.org directorgoodson@polygraph.org

President - Elect Ex Officio Members


Sabino Martinez
president-elect@polygraph.org National Office Manager
Lisa Jacocks
Chairman of the Board Phone: 800-APA-8037 (423) 892-3992
Steve Duncan P.O. Box 8037 Chattanooga,
chair@polygraph.org TN 37414-0037
manager@apapolygraph.org
Director 1
Pamela Shaw Treasurer
directorshaw@polygraph.org Chad Russell
treasurer@polygraph.org
Director 2
Raymond Nelson General Counsel
directornelson@polygraph.org Gordon L. Vaughan
111 S. Tejon St., Suite 545
Director 3 Colorado Springs, CO 80903-2245
James McCloughan generalcounsel@polygraph.org
directormccloughan@polygraph.org
Seminar Chair
Director 4 Michael Gougler
Roy Ortiz seminarchair@polygraph.org
directorortiz@polygraph.org
Education Accreditation Committee
Director 5 (EAC) Manager
Erika Thiel Barry Cushman
directorthiel@polygraph.org eacmanager@polygraph.org

Director 6 Editor-in-Chief
Donnie Dutton Mark Handler
directordutton@polygraph.org editor@polygraph.org

Director 7 Managing Editor


Lisa Ribacoff Nayeli Hernandez
directorribacoff@polygraph.org polygraph.managing.editor@gmail.com
MEMBERSHIP NEWS

EDITOR’S CORNER BY MARK HANDLER


Book Review - Understanding Police Interrogation: Confessions
and Consequences (Psychology and Crime Book 4)
William Douglass Woody and Krista D. Forrest
NYU Press (March 2020)
328 Pages

Summary Who would confess to a crime they


did not commit, especially an egre-
An updated source for the latest scientific gious crime like a murder or rape?
status of police interrogations. The book
seeks to enlighten the reader to the “total- Why would someone knowingly
ity of circumstances approach” including present false inculpatory evidence
the array of situational and dispositional against another person, knowing it
factors that come into play during police is likely to send them to prison for a
interrogations. The volume does not ap- long time, or worse to death row?
proach it from a pro-police or anti-police
perspective, but rather from a scientific Why would police present a false
perspective. The ultimate goal seems to confession to a prosecutor, and why
be to help professionals (judges, prosecu- would they allow that to be presented
tors, defense attorneys, police officers, to a jury?
etc.) as well as the lay observer (juries
and the community members that com- And why would any judge allow this
prise them) better understand predictors to happen?
of true and false confessions. This book
would be highly helpful for anyone who It is important to mention to state that
endeavors to better understand investi- these questions are not rhetorical. They
gative interviewing. are the most important questions for
which to seek answers if we want to un-
Review derstand and avoid false confessions.

Although confessions and admissions are Certainly, most professionals in the crimi-
among thee most useful forms of evidence, nal justice system would not knowingly do
false-confessions do occur. Edie Greene so, and don’t realize it is happening when
writes the forward and poses the oft- it is. But how then do we end up with so
asked questions. Please note these are many wrongful convictions, based in part
not rhetorical, false-confessions do occur: (or in whole) on false statements? Trying
APA Magazine 2020, 53 (2) 1
MEMBERSHIP NEWS

to understand how these things can hap- ably the strongest motivating factor for
pen is the chief purpose of this book. change came from the court systems. As
early as the late nineteenth century, the
The most basic goal of the book is to edu- U.S. Supreme Court waded into the “third
cate readers about police interviews and degree” debate, recognizing that confes-
interrogations. A part of that includes the sions resulting from torture were not the
concept of “confessions” and what tends result of a freely given, voluntary act. Un-
to lead to them and how they affect oth- fortunately, state and lower courts were
er evidence in the case. A subtle aspect far slower in adopting such a stance, and
of this is the less evidence that exists routinely allowed coerced confessions
against a suspect, the more importance into evidence. The case of Brown et al.
is placed on a confession. Finally, the au- vs. Mississippi, 1936 is a disturbing ex-
thors describe what they call a “totality of ample of this. Despite testimony of bru-
circumstances” approach to appreciating tal beatings and even having hanged one
how the dispositional and situational as- suspect to near-death to secure “confes-
pects of any interrogation ultimately in- sions”, the state court convicted (and the
fluences a confession that resulted from Mississippi Supreme Court affirmed) the
it. convictions and death sentences of four
defendants.
The book starts with a general overview
of genesis of policing throughout the The authors discuss the internal pres-
world. It follows up with police interroga- sure from within the police ranks towards
tion practices developed over the years, reform. Notably mentioned is August
including those referred to as the “third Vollmer, the Berkeley police chief who
degree”. Interestingly, the controversial would be instrumental in encouraging
practice of “waterboarding” was one of Leonarde Keeler and John Larson to in-
those practices, used to extract confes- vestigate instrumental credibility assess-
sions beginning around the early twenti- ment. Vollmer was well known for his
eth century. forward-thinking goals towards profes-
sionalizing the police profession.
The authors discuss how calls for re-
form of these practices arose from those Following Vollmer, they describe the work
within and outside of the police profes- of the not-so-well-known W.R. Kidd, a lieu-
sion. External pressure was from such tenant at the Berkeley Police Department.
groups as the Wickersham Commission I had personally never heard of Kidd and
of 1931, who detailed many examples was fascinated to find he set the stage
of widespread police misconduct dur- for those who would follow in eschewing
ing interrogations. Pressure also came third degree tactics during interrogation.
from the press in the forms of books, Vollmer even wrote the Forward for Kidd’s
magazine and newspaper articles. Prob- 1940 book entitled “Police Interrogation.”
2 APA Magazine 2020, 53 (2)
MEMBERSHIP NEWS

A full scanned copy is available at this on the cost and consequences of false
link: https://babel.hathitrust.org/cgi/pt? confessions on the confessor’s, the legal
id=wu.89095807194&view=1up&seq=11 world, and society.

There is a discussion of the history of The chapter on expert testimony that


moving from the third degree to “trickery begins with a description of the work of
and deception”, noting that it is still much Charles Honts, a world renown polygraph
allowed, even today. While some legal researcher. Dr. Honts has been one of the
precedents on limitations to trickery and driving forces in efforts to grow an appre-
deception have been set, most of those ciation in the legal system for the need
relate to egregious violations. for expert testimony about false confes-
sions. This chapter discusses how poly-
Several authors who’s training materials graph has been used as a false-evidence
are ubiquitous who have advocated for ploy to extract confessions from sus-
trickery and deception over the third de- pects, and sometime false-confessions.
gree have acknowledged the real threat It describes how expert witnesses should
of a false confession. They instead ad- not “advocate” for a client, but rather edu-
vise on efforts to separate true from false cate or inform triers of fact (judges and
confessions by focusing on behaviors juries) of the oft-misunderstood concepts
they believe are indicative of true versus of false confessions.
false admissions/confessions. As light
continues to be shone upon cases where The book concludes with safeguards, con-
trickery and deception resulted in false clusions and recommendations to avoid
confessions, the recommendations from false confessions, to ethically interview/
some of these prominent interrogation interrogate suspects and to understand
trainers is adapting. Better practice rec- the concept of “investigative interview-
ommendations from researchers in the ing”.
investigative interviewing field are being
embraced more readily and that seems to Overall this is an excellent resource for
be having an influence on interrogation anyone who may have to testify in a le-
training materials. gal proceeding involving a confession. It
provides information on the status of the
There is a presentation of a taxonomy science of false confessions. My hope
of false confessions which are analyzed is the astute reader will set aside any ris-
with respect to economics. There are two ing cognitive dissonance and open their
chapters that discuss expert testimony mind to what we are learning about this
about the interrogation process and con- important topic.
fessions. The text concludes with rec-
ommendations for best practices and I have been studying and presenting on
reforms. The book provides a chapter this topic for over a dozen years. I belie-
APA Magazine 2020, 53 (2) 3
MEMBERSHIP NEWS

ve most of the fine men and women in pression hearing dealing with a confes-
law enforcement would not want to con- sion and it should help you safeguard
tribute to a false-imprisonment, and to
them I say give this book a read. This against a false-admission, turned false-
book will prepare you for your next sup- confession, turned wrongful conviction.

4 APA Magazine 2020, 53 (2)


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MEMBERSHIP NEWS

IN MEMORIAN

Vergil Williams composed history. In 1954 he joined


his obituary as the last of the Texas National Guard.
his many publications. Later he transferred to the
Army Reserves where he
He was born in Crosby continued to serve as a part-
County Texas on 29 Sep- time soldier until 1966. His
tember 1935 and died on 6 Army Reserve service was
March, 2020. in one of the first Special
VERGIL WILLIAMS Forces units in the Reserve
1935-2020
He is survived by his be- Core (9th Special Forces
loved wife of 45 years, Vel- Group). During those years
ma Minor Williams; his daughter, Colleen he advanced in rank from Private to Cap-
Jeffries Taylor (Bob); grandchildren, Lau- tain.
ren and Alex Taylor of Atlanta, Georgia;
sister, Darlene Williams Youts of Waco, In 1960 he joined the Amarillo Texas City
Texas, and nephews Lance and Mitch Police Department. He served there as a
Youts of Texas. His son, Delwin Victor uniformed Patrol Division officer for four
Williams preceded him in death in 2003. years. For the next two years, having been
promoted to Patrol Sergeant he was as-
Vergil was a member of the Baha’i Faith signed to lead a new tactical unit with the
starting in the 1960’s. Vergil’s identity mission of interrupting felony business
was framed by his work record as is the burglaries and armed robberies in prog-
case with many people. His first career ress.
was as a farmer in the Texas Panhandle
between 1953 and 1960. He grew cotton During his police work he earned a Bachelor’s
and wheat irrigated by water pumped Degree in Economics at West Texas State
from the Ogalala formation because it University in 1966. He then left police
was one the worst droughts in Texas work and moved to Carbondale, Illinois to
6 APA Magazine 2020, 53 (2)
MEMBERSHIP NEWS

pursue graduate work at Southern Illinois ment in 2001. During his time teaching
University in Economics and Criminal Criminal Justice, he served a ten-year pe-
Justice. In 1968 he transferred to the Uni- riod as Head of the Department.
versity of Alabama, Tuscaloosa, to com-
plete academic work earning him a Ph.D. Also, his career included becoming a Li-
in Economics and Finance in 1972. While
censed Polygraph Examiner and starting
completing his dissertation, the Univer-
sity of Alabama hired him and John Wat- a business, Veritas, Inc., with colleagues
kins, J.D. in 1971 to start a new academic Dr. Ray Sumrall and Dr. Bill Formby. He
degree program in Criminal Justice. He continued doing polygraph exams until a
taught in that program until his retire- second retirement.

APA Magazine 2020, 53 (2) 7


MEMBERSHIP NEWS

2020 APA Election Schedule


Members should be nominated or self- • May 29: Last day to submit a candi-
nominated for the following board posi- date statement up to 500 words for
tions. Their names and candidate state- the APA Magazine and the APA web-
ments are listed in alphabetical order for site (editor@polygraph.org)
each position.
• May 29 - June 5: Validation of can-
President-Elect didates’ eligibility to hold APA office.

Director 2 • June 7: Candidacy letters published


on the APA website and in the APA
Director 4 Magazine.

Director 6 • June 13: Email notification of elec-


tions (Ensure your email address is
Director 8 current on the APA website; www.
polygraph.org)
Applicants must specify which of the of-
fices he or she is a candidate. Candidates • June 14 - 20: Electronic elections.
may run for only one office per year.
• June 25: Posting of results on the
Below are important dates to remember APA website.

• May 20 - 29: Period to submit nomi- • July 5 – July 11: Runoff elections, if
nations and self-nominations in writ- necessary.
ing to the National Office. Nomina-
• July 16: Notification to the winners.
tions must include a cover letter Posting of final election results.
specifying for which office the can-
didate is vying. Must be received by • September 3: Officers sworn in at
5 P.M. E.S.T. the APA Annual Banquet.

8 APA Magazine 2020, 53 (2)


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TRAINING AND SEMINARS

AMERICAN POLYGRAPH ASSOCIATION


APA Accredited Programs
As of 03-31-2020
For an up to date list please visit:
https://www.apapolygraph.org/home

ACADEMY FOR SCIENTIFIC AND BEHAVIORAL MEASURES POLYGRAPH


INVESTIGATIVE TRAINING TRAINING CENTRE, UK
Director: Nathan J. Gordon Director: Don Krapohl
Address : 1704 Locust St - 2nd Fl Address : Behavioural Measures UK c/o Paul
Philadelphia, PA 19103 Connon Suite 24, Arms Evertyne
Country: USA House Quay Road Blyth
Phone: 215-732-3349 Northumberland England NE24 2AS
Email: truthdoctor@polygraph-training.com Country: United Kingdom
Website: www.polygraph-training.com/ Phone: 803-238-7999
Email: DuttonPoly@aol.com
Website: no website
AMERICAN INTERNATIONAL INSTITUTE
OF POLYGRAPH CANADIAN POLICE COLLEGE POLYGRAPH
SCHOOL*
Director: Charles E. Slupski Director: Shaun Smith
Address : 619 Highway 138 W Suite C Address : 1 Sandridge Dr.
Stockbridge, GA 30281 Ottawa, Ontario K1G 3J2
Country: USA Country: Canada
Phone: 770-960-1377 Phone: 613-990-5025
Email: aiipolygraph@aiipolygraph.comcast- Email: CPCregistrar.CFC_NCR.CFC_HQ@
biz.net rcmp-grcgc.ca
Website: www.polygraphschool.com/ Website: www.cpc-ccp.gc.ca/en/pec

BACKSTER SCHOOL OF LIE DETECTION CENTRO DE INVESTIGACION FORENSE


Y CONTROL DE CONFIANZA S.C.
Director: Allan Schierer Director: Jaime Raul Duran Valle
Address : 2263 Princess Street Address : Rodriguez Saro #523, Int. 501-A
Kingston, ON, K7M 3G1 Col. Del Valle
Country: Canada Del. Benito Juarez Mexico, D.F.
Phone: 613-507-4660 C.P. 03100
Email: patrick@limestonetech.com Country: Mexico
Website: Backster.net Phone: 011-52-55-2455-4624
Email: informacion@el-poligrafo.com
Website: el-poligrafo.com
*Admission is limited to government or law enforcement students only.

10 APA Magazine 2020, 53 (2)


TRAINING AND SEMINARS

ESCUELA NACIONAL DE POLIGRAFIA INTERNATIONAL ACADEMY OF


POLYGRAPH:
Director: Raymond I. Nelson
Address : Barrio Guadalupe, Edificio Hermitage Director: Michele Hoff
Tegucigalpa, Francisco Morazon 11101 Address: 1835 S Perimeter Rd Ste 125
Country: Honduras Address 2: Fort Lauderdale, FL 33309
Phone: Country: USA
Email: Raymond.nelson@gmail.com Phone: 954-771-6900
Website: no website Email: dci@deception.com
Website: www.deception.com/polygraph_
school.html

ESCUELA NACIONAL DE POLIGRAFIA, INTERNATIONAL POLYGRAPH STUDIES


NATIONAL POLYGRAPH SCHOOL* CENTER
Director: Luz Del Carmen Diaz Director: Raymond I. Nelson
Address: Calle Cuauhtemoc # 168 Address: Insurgentes Sur # 1877, Piso 2,
Colonia Tisapan de San Angel, Oficina 204, Col. Guadalupe Inn
Mexico City, 01059 Del. Alvaro Obregón
Country: Mexico Mexico D.F. 06700
Phone: 011-52-555-616-6273 Country: Mexico
Email: lg151@balankan.net Phone: (55) 5533 7349
Website: no website Email: iptc@poligrafia.com.mx
Website: www.poligrafia.com.mx

GAZIT INTERNATIONAL POLYGRAPH KOREAN SUPREME PROSECUTORS


SCHOOL: OFFICE POLYGRAPH ACADEMY*
Director: Mordechai Gazit Director: Cheol Bang
Address: 29 Hamered Street Industry Address: 105 NDFC Supreme Prosecutor’s
Building Office, 157 Banpodaero, Seochogu
Address 2: Tel Aviv Seoul, 06590
Country: Israel Country: S. Korea
Phone: 972 3 575 2488 Phone: 082-2-3480-2144
Email: office@gazit-poly.co.il Email: roomiron@gmail.com
Website: http://www.polygraph-school.com/ Website: no website
en

*Admission is limited to government or law enforcement students only.

APA Magazine 2020, 53 (2) 11


TRAINING AND SEMINARS

LATINAMERICAN POLYGRAPH INSTITUTE MINDEF CENTRE FOR CREDIBILITY


Director: Manuel Novoa ASSESSMENT*:
Address: Carrera 46 # 93-70 Director: V. Cholan
Bogota Address: Block 13, Mandai Camp 2
Country: Colombia Mandai Road
Phone: 57-12369630 Country: Singapore
Email: Dirgeneral@latinpolygraph.com Phone: -
Website: www.latinamericanpolygraph.com Email: cholanjoshv@gmail.com
Website: www.mindef.gov.sg/
MARSTON POLYGRAPH ACADEMY:
Director: Gary Davis
Address: 390 Orange Show Lane NATIONAL ACADEMY OF POLYGRAPH OF
San Bernardino, CA 92408 THE NATIONAL POLICE OF COLOMBIA*:
Country: USA Director: Major Ricardo Palomino Restrepo
Phone: 909-554-3883 Address: TC Jorge Zenen Lopez Guerrero
Email: info@marstonpolygraph.com Transversal 33 No 47a-35 Sur
Website: www.marstonpolygraph.com Barrio Fatima
Bogota
MARYLAND INSTITUTE OF CRIMINAL Country: Colombia
JUSTICE: Phone: 57-3203023049
Director: Billy H. Thompson Email: programaacademicopoligrafiapc@
Address: 8424 Veterans Hwy Ste 3 gmail.com
Millersville MD 21108-0458 Website: no website
Country: USA
Phone: 410-987-6665
Email: MDMICJ@aol.com NATIONAL CENTER FOR CREDIBILITY
Website: www.micj.com ASSESSMENT*:
Director: Zach Vaughn; Ron Kiefer; Stephanie
MICHIGAN STATE POLICE POLYGRAPH Liles
PROGRAM*:
Address: 7540 Pickens Avenue
Director: Andrew Longuski Fort Jackson, SC 29207-5000
Address: 7320 North Canal Road Country: USA
Lansing, MI 48913 Phone: -
Country: USA Email: NCCARegistrar@dodiis.mil
Phone: - Website: www.ncca.mil
Email: no email
Website: no website
*Admission is limited to government or law enforcement students only.

12 APA Magazine 2020, 53 (2)


TRAINING AND SEMINARS

NATIONAL POLYGRAPH ACADEMY PEAK CREDIBILITY ASSESSMENT


TRAINING CENTER
Director: Pam Shaw Director: Benjamin Blalock
Address: 1890 Star Shoot Parkway, Address: 1490 NE Pine Island Rd. Unit 7B
Ste. 170-366 Cape Coral, FL 33909
Country: Lexington,KY 40509 Country: USA
Phone: USA Phone: 239-900-6800
Email: 859-494-7429 Email: info@peakcatc.com
Website: shaw.national@gmail.com Website: peakcatc.com/
www.nationalpolygraphacademy.
com

NCTC POLYGRAPH INSTITUTE: THE POLYGRAPH INSTITUTE


Director: Elmer Criswell Director: J. Patrick O’Burke
Address: c/o Dept. of Military & Veteran’s Address: 19179 Blanco Road, Suite 105 #812
Affairs Building 8-64 Fort San Antonio, TX 78258
Indiantown Gap Country: USA
Annville, PA 17003-5002 Phone: 210-377-0200
Country: USA Email: info@thepolygraphinstitute.com
Phone: 717-861-9306 Website: thepolygraphinstitute.com
Email: register@counterdrug.org
Website: www.counterdrug.org

NEW ENGLAND POLYGRAPH INSTITUTE TUDOR ACADEMY


Director: David J. Crawford Director: Charles Speagle
Address: PO Box 825 Address: Cra. 66, No. 42-103, Medellin,
Center Harbor, NH 03226 Colombia
Country: USA Medellin
Phone: 603-253-8002 Country: Colombia
Email: kacdc@worldpath.net Phone: (57) (4) 436-4178
Website: www.newenglandpolygraphinstitute. Email: info@tudoracademy.com
com/ Website: www.tudoracademy.com

*Admission is limited to government or law enforcement students only.

APA Magazine 2020, 53 (2) 13


TRAINING AND SEMINARS

VIRGINIA SCHOOL OF POLYGRAPH VOLLMER POLYGRAPH


Director: Darryl DeBow Director: Michael Lynch
Address: 7885 Coppermine Rd. Manassas Address: 22600 Savi Ranch Parkway A-13
Virginia Yorba Linda, CA, 92887
Country: USA Country: USA
Phone: 703-396-7659 Phone: (800) 295-6041
Email: polygraph11@comcast.net Email: inquire@vollmerinstitute.com
Website: http://virginiaschoolpolygraph.com Website: www.vollmerinstitute.com

*Admission is limited to government or law enforcement students only.

14 APA Magazine 2020, 53 (2)


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APA Magazine 2020, 53 (2) 15


FROM THE BOARD

LATEST NEWS

President´s Message
Darryl Starks, President

Greeting to the APA Membership around the world.

I pray that you and your families are safe and making the necessary adjustments, as we
all learn to deal with the COVID-19 worldwide pandemic. All of our lives, both profession-
ally and personally, are being affected by COVID-19 with social distancing, work stop-
page and shelter in place orders from our government leadership. Though this health
crisis may seem endless, I pray and ask that each of you stay positive, stay informed
and above all, please stay safe!

As you know, our 55th annual seminar and workshop is scheduled for August 30 through
September 4, 2020, in New Orleans, LA. At this time, we continue to make plans and
are hopeful that our seminar will be held as originally scheduled. With that being said,
we (the Board of Director’s), are in constant contact with our host property, Hilton Ho-
tels and we continue to monitor conditions in the city of New Orleans. I am optimistic
that the seminar will go on as planned, but we will keep you informed of any necessary
changes as we move forward.

As I have mentioned in earlier communications, our professional response to this health


crisis should be reflective of global and national safety recommendations, as well as
good old fashioned common sense. The Board of Director’s strongly recommends and
encourages that everyone stay abreast of the most current precautionary guidance in

16 APA Magazine 2020, 53 (2)


FROM THE BOARD

your respective communities and act accordingly. In addition, we highly recommend


that our membership be extra vigilant in sterilizing your workstations and equipment
after each use, as an added measure of protection for all concerned. Please contact
your specific instrument manufacture guidance in this matter.

Finally, I ask that you all join me in saying a prayer for the family of APA member Manuel
J. Arguello, of El Dorado, Panama. Manuel recently passed away from health complica-
tions related to the COVID-19 virus.

Stay Calm, Stay Informed and Stay Safe!


Darryl Starks
APA President

APA Magazine 2020, 53 (2) 17


FROM THE BOARD

Board of Directors’ Reports

Steve Duncan As always, feel free to call me (706-506-


Board Chairman 0830) or email me (sduncan071@gmail.
com) if I can be of assistance to you.
Hello, fellow APA Members. I hope this
letter finds everyone in good health. Our Gordon Vaughan
chosen profession places us in close General Counsel
quarters with other individuals for extend-
ed periods. I urge you to follow CDC Guide-
lines as well as State, Local and Agency
recommendations and requirements. Re-
member to “do your part” to keep you and
your Examinees (if you are continuing to
test through the Pandemic) as safe and
healthy as possible.

Your Board completed an interim phone


conference Meeting and was successful
in addressing several time sensitive is-
sues. A decision was made by the Board
to not have a Winter Board Meeting in Polygraph lost a long time and staunch
light of current health concerns and travel advocate with the recent death of attorney
restrictions. Plans are still on for the An- and former New Mexico Supreme Court
nual Conference in New Orleans in Au- Justice Charles Daniels. For decades,
gust, 2020. I urge all Members to plan on Charlie Daniels had introduced polygraph
attending as this Conference is at a great evidence in New Mexico courts and ad-
venue and already has a slate of excellent vocated for its use throughout the United
Presenters. States. Prior to his appointment in 2007
to the New Mexico Supreme Court, Charlie
As Chairman of the Board I will continue wrote one of the Amicus Curie briefs in fa-
to assist Members with issues as request- vor of polygraph in United States v. Schef-
ed and intend to continue working with fer, 523 U.S. 303 (1998) and successfully
Board Members to achieve their goals. I defended polygraph in Lee v. Martinez, 96
remain committed to the growth of ethi- P.3d 291 (N.M. 2004), a case that was an
cal and evidence based detection of de- attempt to overturn New Mexico’s proce-
ception through the use of polygraph. dural rule that permitted polygraph evi-
18 APA Magazine 2020, 53 (2)
FROM THE BOARD

dence. He retired from the New Mexico steps of the United States Supreme Court
Supreme Court in 2018. Charlie published following oral argument in Scheffer, that:
articles supporting polygraph, served “New Mexico has been admitting poly-
on an APA committee tasked to draft a graph evidence for decades and the paint
sample brief supporting admissibility of hasn’t yet peeled off the courtroom walls.”
polygraph evidence, and was a presenter He will be missed.
at APA seminars. He was the 2009 recipi-
ent of the APA Al and Dorothea Clinchard
Award honoring extended, distinguished,
devoted and unselfish service on behalf
of the APA membership.

Charlie retired from the New Mexico Su-


preme Court after serving a portion of
that time as Chief Justice. While not the
“Devil Goes Down to Georgie” Charlie Dan-
iels, he was an accomplished musician -
playing electric bass in a bar band called
“Lawyers, Guns and Money.”
Donnie Dutton
Director

Greetings fellow APA members,

I hope that all of you are safe and stay-


ing away from the COVID-19 virus. Sev-
eral examiners that I know have stopped
doing polygraphs for the time being and
I think at this point it might get worse
before it gets better. Please remember
to take precautions yourself; wash your
Charlie died on September 1, 2019, of hand, don’t touch your face, clean your
amyotrophic lateral sclerosis (ALS) - just entire room after testing. It is now being
two months after his diagnosis. He was reported that the virus isn’t just airborne
hailed by his colleagues as a “titan of the but also hangs out on surfaces and cloth-
law.” ing. This will pass but we do need to use
caution with each and every exam con-
I will always remember Charlie’s state- ducted. Call you examinee and see if they
ment, made at a press conference on the have any of the symptoms associated
APA Magazine 2020, 53 (2) 19
FROM THE BOARD

and if so have them postpone that exam. They looked at 557 individuals who were
convicted of sexual offending and under-
I know that everyone is wondering if our going police supervision, 142 individuals
annual seminar is going to occur in New suspected of committing online sexual
Orleans as scheduled and I can tell you we offences and undergoing police supervi-
have every reason to believe that we are sion and 104 individuals who were con-
still “good’to-go”. Your board is keeping victed of sexual offending who had ap-
a watch on the world as it changes con-
plied for removal of notification require-
cerning this virus and it is our hope that
ments. The statistics were overwhelming
something will have occurred to make
this a non-issue. More to follow. that the use of the polygraph produced
more information that when it wasn’t be-
I would like to ask everyone if you know ing used. The bottom line of this study
someone who might be a good candi- recommends that the polygraph SHOULD
date for the Yankee Scholarship fund to be used to monitor sex offenders in the
please get them to apply. At the time of UK, and it should be mandatory. Below is
this writing I have only one applicant and a link to the paper:
would sure like to have several more, so if
you know someone who is talking about https://www.kent.ac.uk/school-of-psy-
wanting to become an examiner encour- chology/downloads/kent_polygraph_re-
age them to apply. Please click the hyper- port.pdf
link for further details (Mark please post
the hyperlink here). I am happy to report that Ms. Erika Thiel is
working us like crazy on the PCSOT com-
In June 2017 the University of Kent, Cen- mittee and I do think that updates will be
tre of Research and Education in Forensic well received by the membership. She is
Psychology was commissioned by police giving us time to work each section and
within the United Kingdom to research then the updates are being incorporated
and evaluate the polygraph examinations into the new draft. I am so happy to be
that were being conducted within the UK a part of this committee and it is very re-
warding to see a bunch of professionals
on Sex Offenders. The research was to
working toward a common goal.
look at the differences between pre- and
post-conviction sex offender exams. On
Pam Shaw has us reviewing multiple re-
18 March 2020 they published their re- search articles looking at computer scor-
port entitled “An Evaluation of Polygraph ing. There are multiple articles that we
Testing by Police to Manage Individuals are reviewing and reporting on and I am
Convicted or Suspected of Sexual Of- sure we should be completely through the
fending”. Their research was conducted review process by the annual seminar but
from the 3rd July, 2017 to 15th July, 2019. her task his monumental but President
20 APA Magazine 2020, 53 (2)
FROM THE BOARD

Starks sure picked the right person to with substantial delays as a result of the
head this up. She is keeping us on task. number of other events and projects in re-
cent weeks. At the time of my last Board
Report I was working on a dataset of con-
Raymond Nelson firmed field exams that could be used to
Director evaluate the available computer scoring
algorithms. That work remains incom-
April greetings plete but will be ready to begin data col-
lection in the coming weeks. In the mean-
time, I’ve also begun to make plans to ob-
A scientific axiom: prediction is difficult,
tain a second sample of confirmed field
especially predicting the future. For ex-
cases - though there are several details
ample, about one year ago - March 31,
that will need attention before that can
2019 to be precise - I had the seemingly
proceed.
bright idea that I would attempt an April-
fools joke on the APA, or the APA editor,
PCSOT research
and wrote an article proposing a change
to the standard terminology for report-
Many people are aware of a recent pub-
ing polygraph test results. The proposed lication in the PCSOT arena. A group of
changed involved the replacement of tra- researchers (Wood et al.) in the UK have
ditional terminologies deception indicated now published a new study on polygraph
(DI) and significant reactions (SR) with the testing of persons convicted of sexual of-
more dramatic term failed miserably (FM), fenses in the UK. The gist of the study is
along with the replacement of the terms that people make more risk-related dis-
no deception indicated (NDI) and no signifi- closures (RRDs) as a result of polygraph
cant reactions (NDI) with passed with flying testing. Although this is not news to those
colors (PFC). As luck would have it the ar- of us who work in the PCSOT space, the
ticle was actually printed - though in June study is important because it further op-
(missing the April 1 date by a wide coun- erationalizes the notion of RRDs as a po-
try mile). In the end, the joke was on me, tentially useful aspect of risk assessment
and I received a number of telephone and and risk management. Another important
email inquiries as to whether there was aspect of the project was that it was com-
something strange in my coffee. So, this pleted as a control group study. Opportu-
year I’ll keep it focused on the important nities for control group studies have been
things. rare in the polygraph profession. In this
study, convicted persons who were apply-
Algorithm progress ing for removal from notification require-
ments were over 42 times more likely to
Progress has continued slowly and make at least 1 RRD if they were subject
steadily on the algorithm project, though to polygraph requirements, while control
APA Magazine 2020, 53 (2) 21
FROM THE BOARD

group participants were 5 times more like- strictions. The impact on economic activ-
ly to be successful in their application for ity is staggering, and very real to a great
removal. (Note: these figures - 42 times many people.
and 5 times more likely - are essentially
Bayes Factors, similar to those provided Like many others, I will be staying at home
by ESS-M). A great deal of polygraph re- for the coming weeks. This is probably
search has tended to be survey research, for the best because it is likely that I have
with opportunistic samples. There, with- been exposed to the novel coronavirus in
out doubt, a great need for more research some airport somewhere. Shortly after ar-
of this type. riving home I began to feel sick with the
expected symptoms: fever, coughing, and
APA Board Meeting in New Orleans nasal problems. Like many others, I will
get through this in a matter of time. Un-
At this time, the APA and the entire world fortunately, there are far too many people
are faced with a very serious matter - the who will have had a much more difficult
uncertainties brought by COVID-19, the time. As of a few days ago I began to hear
illness caused by a novel coronavirus. In about APA members who have died from
this usage, novel refers to the fact that the this virus. A year ago, I had never heard
virus has been previously not observed in of social distancing. And while the intro-
humans, with the consequences that no verted part of me thinks it sounds like a
human on earth has any immunity to it. In lovely idea, the reality of the situation is
an abundance of caution, the APA Board that social contact and social interaction
has decided to forgo traveling to New Or- are very important. Not being around oth-
leans for the mid-year working meeting. ers is actually difficult, and insufficient
As of now, it is my understanding that the human contact is neither healthy nor sus-
APA Annual Conference is still in the plan. tainable. Nevertheless, social distancing
There will undoubtedly be more informa- is, for the present, an unavoidable reality.
tion on this as the situation progresses.
Time for a very simple simulation on so-
The real consequence of the COVID-19 cial distancing and contagion
pandemic is that the virus is capable of
inflicting respiratory distress, and death, If you are paying attention to the news cy-
on people with compromised immune cle lately then you have most likely heard
systems - resulting in a very real human a bit of discussion about projections and
toll on individuals, families, communities, simulations and predications about how
businesses, countries, and the global the COVID-19 pandemic escalates. So, to
economy. Approximately 1/4 of the U.S. pass the time, and to give my attention
has been ordered to stay at home or shel- time to incubate a solution for another
ter in place and some entire countries project, I’ve attempted to make a simple
have subjected themselves to similar re- simulation for group contagion using the
22 APA Magazine 2020, 53 (2)
FROM THE BOARD

R Language for Statistical Computing. For a group of 500 people there are
The R language is widely used in data 124,750 possible binary contacts. For
analysis and big data by all the software sub-groups of three or more people there
and tech companies that we rely on daily. are other formula, but that is not impor-
R is also used extensively in biostatistics tant. For this simulation contact with one
and epidemiology. So, let’s begin. infected case is sufficient to transmit the
contagion.
Define the size of the group and initial
status of each case Each of these 124,570 possible binary
combinations requires space (they have
In this example, we will use a size of N =
to exist somewhere, and social distanc-
500 cases, about the size of an APA con-
ing is about space). So, we need a physi-
ference. First, we need to make a data
frame (kind of like an Excel spreadsheet). cal space for each of these relationships
Next we set the status of all cases to neg- to exist within. For convenience we will
ative. Then we randomly select one per- assume that every person needs a certain
son and set the case status as positive. amount of personal space. To determine
What we want to observe is how a conta- the size of the “physical space” in this
gion can transmit itself through a group simulation we will use the square root of
of people. the number of binary relationships, about
343.2. Contact between individuals that
## [1] 438 encroaches within this proxemic will re-
sult in the transmission of the contagion
In this simulation, case number 438 is if one of the persons is positive. (Remem-
positive. This person is referred to as pa- ber that positive is often bad in epidemi-
tient zero.
ology and scientific testing.)
Define the “physical” space
Scatter the cases around a “physical
space”
The number of binary relationships in any
group of individuals is a combinatoric
problem. (We know a little bit about com- Next we randomly place each person into
binatorics because the ESS-M was devel- an X Y grid of size equal to the square
oped using multinomial combinatorics). root of the number of possible binary
The formula for binary contacts between contacts, or ~353.2 units. In this way the
cases is this: (N * (N-1)) / 2. number of locations in the grid is equal to
the number of possible binary contacts
## [1] 124750
## [1] 353.1997 Here is a scatterplot. You can see that
APA Magazine 2020, 53 (2) 23
FROM THE BOARD

cases are sometimes spread out and Define and run the simulation
sometimes bunched together. Every case
shown as a “o” is negative. For fun, you For this simple simulation we will assume
can resurrect those mad “Where’s Waldo” that each day each person has contact
skills and find the one positive case that with only those nearby persons. Any social
is shown as “+”. distance greater than 5% of the grid size
will be considered safe, and distances less
than that will be a cause for contagion if
one of the persons is positive. For each day
the number of positive cases will be calcu-
lated, and the persons will move around a
small amount, approximately 2.5% to 5%
of the physical space. Also, a small por-
tion, approximately 5%, of the persons will
engage in larger random movement with-
in the “physical” space. Results will be
shown after every few days. Below is an
R function to simulate the transmission of
a contagion through a social environment.
simulateTransmissionFn <- function(caseList=caseList,
gridSize=gridSize,
socialDistanceFactor=1,
numberDays=9,
distProp=.05,
plotInterval=3,
seed=12345678) {
# R function to simulate social transmission of a contagion
# Mar 29, 2020
# R Nelson
###
# caseList is a data frame of case IDs and the disease state of each case
# use 1 = negative and 3=positive so that the state will plot easily as o and +
# gridSize is the length of a square 2D "space" where the cases interact
# socialDistanceFactor is a multiplier (1) for gridSize and social distance
# distProp is a proportion of the gridSize at which contact and transmission occur
# plotInterval is the number of days between plots that occur as a side effect
# output is a vector containing the cumulative total of + cases for each day
# seed can be used to set.seed to control monte carlo variation
###

# set the minumum safe social distance


minDist <- sqrt(numberRelationships) * distProp

# recalculate the social distance factor


gridSizeX <- gridSize * socialDistanceFactor

if(!is.null(seed)) set.seed(seed)

# re-populate the space


caseList$XLoc <- sample(c(1:gridSizeX), size=N, replace=TRUE)
caseList$YLoc <- sample(c(1:gridSizeX), size=N, replace=TRUE)

# initialize a vector to hold the result


numberPositive <- rep(NA, times=numberDays)

24 APA Magazine 2020, 53 (2)


FROM THE BOARD

# iterate over the days


j=1
for(j in 1:numberDays) {

# iterate over the cases


i=1
for(i in 1:nrow(caseList)) {
# calculate the distance for each case to all other cases
# get the X and Y values for this case
thisX <- caseList[i,3]
thisY <- caseList[i,4]
# calculate the euclidean distance for this case and all other cases
caseList$diffX <- thisX - caseList$XLoc
caseList$diffY <- thisY - caseList$YLoc
caseList$diffP <- apply(caseList[,5:6], 1, function(x) {sqrt(x[1]^2 + x[2]^2)} )
# get the cases in close proximity to this cases
localCases <- which(caseList$diffP < minDist)
# increment the loop if no local cases
if(length(localCases) == 1) next()
# if this case is + then set the local cases to +
if(caseList$status[i] == 3) {
caseList$status[localCases] <- 3
} else if(any(caseList$status[localCases] == 3)) {
# if this case is - then set to + if any local cases are +
caseList$status[i] <- 3
}
} # end loop i over cases
numberPositive[j] <- length(which(caseList$status == 3))
# plot some of the results
if(j %% plotInterval == 0) {
plot(caseList$XLoc,
caseList$YLoc,
type="p",
pch=caseList$status,
main=paste(j, "days:", length(which(caseList$status == 3)), "+ cases" ) )
}
# print(paste("day:", j, "positive cases:", length(which(caseList$status == 3))))
# print(which(caseList$status == 3))
# move the cases around a bit to simulate differences in daily activity
moveDist <- gridSize * .025
moveVector <- c(-moveDist, -moveDist*2, moveDist, moveDist* 2)
caseList$XLoc <-
caseList$XLoc + sample(moveVector, N, prob=c(1,2,2,1), replace=TRUE)
caseList$YLoc <-
caseList$YLoc + sample(moveVector, N, prob=c(1,2,2,1), replace=TRUE)
# check that all cases are within the boundaries of the defined space
caseList$XLoc[caseList$XLoc < 1] <- 1
caseList$XLoc[caseList$XLoc > gridSizeX] <- gridSizeX
caseList$YLoc[caseList$YLoc < 1] <- 1
caseList$YLoc[caseList$YLoc > gridSizeX] <- gridSizeX
# move some cases randomly to introduce unexpected variation
theseCases <- which(runif(N) <= .05)
caseList$XLoc[theseCases] <- sample(c(1:gridSizeX), size=length(theseCases), replace=TRUE)
caseList$YLoc[theseCases] <- sample(c(1:gridSizeX), size=length(theseCases), replace=TRUE)
# then repeat the process for each day
} # end loop j over days

return(numberPositive)

APA Magazine 2020, 53 (2) 25


FROM THE BOARD

Shown below are plots of thee is a plot of the number of positive cases at each day in
simulation.

26 APA Magazine 2020, 53 (2)


FROM THE BOARD

From the graphics above, we can see that scenarios - with the goal of improving our
the rate of contagion increases during the ability to anticipate and plan for outcomes.
first half of the simulation, as the number
of non-positive cases remains high. At Flattening the curve with social distancing
day 3 there are 143 positive cases. At day
Flattening the curve refers to the notion of
6 there are 466, and at day 9 there were slowing the rate of contagion so that time,
499 positive cases. In this example, with resources and attention can be devoted
500 cases, the number of new positive to each individual case that requires help.
cases peaks at day 5 with 139 new cases, One way to slow the rate of contagion is
after which the rate of new case begins to through social distancing. In practical
decrease daily. terms social distancing means a number
of things, including not shaking hands (or
kissing on the cheek as in some cultures)
Of course, this simulation is premised on
when greeting others, foregoing group ac-
a zero latency or incubation period and tivities, and increasing the social/personal
assumes that all positive cases can be space requirement to 6 feet (approximate-
observed. Despite these ecological limi- ly 2 meters). Shown below are the results
tations, simulation are a useful way to of the same simulation with social dis-
study complex problems and to project or tancing - by tripling the physical area - and
observe what happens under different starting again with a single patient-zero.

APA Magazine 2020, 53 (2) 27


FROM THE BOARD

The number of positive cases at 6 days ful strategy for reducing contagion and
was reduced from 466 to 25 after increas- flattening the curve. Personal protective
ing the social distance. Most importantly, equipment can include things like wear-
the rate of new positive cases was slow ing masks or respirators to reduce the
so that it peaked at 60 new cases at day aspiration of aerosolized particles that
18.
may be carrying a contagion. Increased
hygiene protocols and use of PPE can
Flattening the curve with hygiene and PPE
reduce the contagion load and transmis-
Hygiene, including regular hand washing, sion when people are in close proximity.
routine cleaning of and avoiding contact Shown below are the results of the same
with shared surfaces, and not coughing simulation, with a reduced contagion rate
or sneezing on each other, is another use- along with increased social distancing.
28 APA Magazine 2020, 53 (2)
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APA Magazine 2020, 53 (2) 29


FROM THE BOARD

By increasing both social distance and Social distancing and increased atten-
social/personal hygiene the rate of trans- tion to social and personal hygiene can
mission was further slowed so that there help to slow the rate of pandemic infec-
were 19 positive cases at day 15, while the tion, allowing for attention and resources
rate of new positive cases peaked at day to be prioritized over a longer period of
34 with 29 new cases. There were 86 posi- time. Social distancing and is also pain-
tive cases at day 30, and by day 45 there
ful and difficult at many levels, person-
were 382 positive cases (approximately
ally, professionally, economically, socially.
75%). Of course, this simulation does not
However, it is still likely that this is not the
account for other types of human inter-
vention. greatest crisis or challenge that we have
ever faced, and we can safely predict that
Conclusion in the future we will one day notice that
things have returned to a new kind of nor-
mal.
This is among the simplest of all possible
simulations - with the minimum necessary Finally, all of this does not seem to have
to illustrate how social distancing and in- a lot to do with the polygraph or the APA.
crease social/personal hygiene can flatten But at a deeper level it does - because it
the curve. I’ve included some of the code in is inflicting a very real human toll on APA
this report for those who may be interest- members and the organization. In the
ed (or those who have difficulty sleeping). same way that lie detection is and cred-
One of the nice things about R is that the
ibility assessment are more effective
code is almost understandable and read-
through science, evidence-based policies
able. And one of the nice things about this
and practices, and well-informed leader-
kind of project - where we commit to ex-
ship, effective management of a global
pressing ideas in structured languages of
pandemic will be more successful if we
math and computer code - is that it forces
us to be accountable for what we think we make effective decisions based on the
know and what we are willing to assume. best available information and technol-
Another interesting thing about working ogy. It is my hope that sharing this, admit-
with code and math is that it forces us to tedly long, bit of technical detail will give
think logically. For those who are inclined APA members more insight as to the role
to do so, you can copy and run the code of data analytics in all important areas of
segments in the R environment, which can human activity.
be downloaded for free at https://www.r-
project.org/. #washyourhands
30 APA Magazine 2020, 53 (2)
FROM THE BOARD

Roy Ortiz As “Greg” explained to me, for Europe, this


Director is a big milestone, which also benefits
other countries in the world. This big step
by Belgium, helps formalizing the use of
polygraph in judicial criminal investiga-
tions.

Greg is a great example of an APA mem-


ber that goes beyond what is expected
and is not satisfied with the status quo.
If you have time email Greg and congratu-
Awards Committee late him.

By the time this article is published, there The newly adopted Belgian law is detailed
will be less than 60 days before the APA below.
Awards nominations deadline, June 1,
2020. The nomination form is on the Law amending the Code of Criminal Pro-
APA’s website, homepage. cedure with regard to the use of the poly-
graph.
It is a distinct honor to receive an APA
Award and serves as public recognition
FILIP, King of the Belgians,
by their peers for their efforts on behalf of
polygraph and the APA.
To all who are now and who will be hereaf-
ter, Our Greeting. Has adopted the Cham-
International Membership Committee
ber of Representatives and We endorse
Featured Country: Belgium the following:

APA member Gregorio Cornelis shared Article 1: This law regulates a matter as
with me his personal quest of having Bel- referred to in article 71 of the Constitu-
gium pass a polygraph law (effective Feb- tion.
ruary 4, 2020).
Article 2: In book I of the Code of Criminal
This effort took almost 20 years after Procedure, a chapter is inserted VIIsexies,
introducing polygraph in Belgium and reading “The Polygraph Test”.
seven years of writing and testifying in
the Judicial Commission of the House of Article 3: In chapter VIIsexies, inserted by
Parliament in Belgium, politicians finally Article 2, an article 112duodecies is add-
passed a polygraph law. ed, reading:
APA Magazine 2020, 53 (2) 31
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“Art 112duodecies time. There is no legal consequence to


this either.
§ 1. The polygraph test is a special tech-
nique of police interrogation that is record- The person who will be subjected to a
ed audiovisual whereby a psychological- polygraph test will be informed orally and
physiological procedure checks the truth before the start of the test that:
of statements by recording physiological
parameters on the basis of graphs. • He can stop the test and leave the
room at any time without having le-
§ 2. Where there are serious indications gal consequences;
that criminal offenses constitute a crime
or an offense, the public prosecutor, or de- • The complete test is recorded audio
pending on the stage of the proceedings, visually;
the investigating judge, may propose to
the suspect, the witness or the victim to • If he is assisted by a lawyer, his law-
submit to a polygraph test. yer may follow this test from the fol-
low-up room, without being allowed
The persons referred to in the first para- to intervene directly during the actu-
graph may also request a polygraph test. al test or to interrupt it.

The public prosecutor, or depending on The test can only take place if the person
the stage of the proceedings, the investi- who is subjected to the polygraph test
gating judge, can with reasoned decision, consents with knowledge. To this end,
reject this request. this person signs an official report of con-
sent. The information included in the re-
§ 3. A polygraph test cannot be taken port is read to the person concerned. The
from the following persons: King determines the minimum informa-
tion that is included in that report.
• Pregnant woman
In the event that a minor is subjected to a
• Minors under the age of sixteen polygraph test, the minor and his/her law-
yer sign the official report of consent.
•Persons within forty-eight hours
from their effective deprivation of lib- § 5. Prior to each polygraph test, an alco-
erty. hol, drug or medicines test and psycho-
logical or psychiatric examination of the
§ 4. Taking a polygraph test is on a vol- person who will be subjected to this test
untary basis. No legal consequence is can be conducted. The results of these
attached to a person’s refusal to partici- preliminary tests can be considered by
pate. The test can be interrupted at any the magistrate in charge of the investiga-
32 APA Magazine 2020, 53 (2)
FROM THE BOARD

tion when assessing whether a polygraph terrogation is conducted as result of the


test can be conducted from the person polygraph test all rights regarding access
concerned. to a lawyer during an interrogation, prior
this interrogation is guaranteed.
On the basis of the results of the prior
tests referred to in the first paragraph, the Where appropriate, the lawyer may also
polygraphist will assess whether it is fea- after termination of the polygraph test
sible to conduct the polygraph test with- mention in the official report as referred
out questioning its validity and reliability. to in paragraph 8, the violations of right
that he believes he has established.
The polygraphist can stop the polygraph
test at any time if he has doubts about the § 7. On pain of the nullity of the test re-
psychological or physical health or condi- sults, the polygraph test may only be con-
tion of the person concerned. The magis- ducted with a device whose technical re-
trate may, whether or not on the proposal quirements are determined by the King.
of the polygraphist, appoint an expert for
further investigation with a view to a test § 8. An official report is drawn up of the
or a new test; Where appropriate, this ex- polygraph test containing the literal rep-
pert can follow the test from the monitor- resentation of all questions and answers
ing room. as well as a summary of the discussion
after taking the polygraph test. The au-
The commissioning magistrate is in- diovisual recordings of the test, finalized
formed of the course of the polygraph in two copies as well as the test charts,
test. are considered to be originals and filed
at the registry. The audiovisual record-
§ 6. The person who is subjected to a poly- ing of the polygraph test is recorded on a
graph test is entitled to the assistance of separate audiovisual data carrier, so that
a lawyer, which consists of the lawyer be- it remains separate from the subsequent
ing able to be present at the reading and interrogation.
signing of the official report of consent
and to both the preparation and the actu- § 9. If confessions are spontaneously
al conduct of the polygraph test follow in made during or as a result of the poly-
the monitoring room. In the event of any graph test, the polygraph test is immedi-
other lawyer intervention, the polygraph ately stopped and an interrogation is con-
test is terminated immediately and no ducted in accordance with article 47bis
other polygraph test can be performed on and articles 2bis and 24bis/1 of the Law
the same day. of July 20, 1990 on pre-trail detention.

After the completion of the polygraph § 10. The results of the polygraph test
test, the results are run through. If an in- may only be taken as supporting evidence
APA Magazine 2020, 53 (2) 33
FROM THE BOARD

of other types of evidence”. Technology Junction

Article 4. Article 112duodecies, § 7, of the Credit Card Skimmers, a world- wide problem
Code of Criminal Procedure inserted by
this Act shall enter into force on the date There are many devices designed to help
determined by the King and no later than prevent your credit card information from
January 1, 2021. being stolen. The one discussed in this
article is called “deScammer”. It is a hand
Proclaim this law, ordering it to be cov- held “fob” that will identify NFC/Blue-
ered with the seal of the country and to be tooth enabled credit card skimmer devic-
es within a 30 foot radius. You can scan
published by the Belgian Official Gazette.
your immediate surroundings and iden-
tify signals emitted by credit card skim-
Given in Brussels, February 4, 2020 mer devices. If no skimming devices are
detected, it will signal with a green light.
FILIP By the King: The Minister of Justice, If the device is detected it will signal with
K. Geens a red light.

Sealed by the state seal: The Minister of More information is available at descam-
Justice, K. Geens mer.com

E Pluribus Unum

Advanced Training

The Michigan Association of Polygraph


Examiners is providing advanced training
Lisa Ribacoff
this May. Director

The United Kingdom Polygraph Associa- To Our Valued Membership:


tion is having advanced training in June.
I hope that you and your loved ones are
The Northwest Polygraph Examiners As- safe and healthy during this time of cri-
sociation is having advanced training in sis that is affecting us in the world today.
June. I have been on quarantine alone with my
34 APA Magazine 2020, 53 (2)
FROM THE BOARD

dog since March 15th and understand To our members and their families that
that others have been too for an extend- are first responders and medical profes-
ed period of time. I hope you are finding sionals, I thank you for your efforts, time,
comfort in your families, friends and col- compassion and care during this crisis.
leagues at this time. My best advice now As a resident of New York, I am seeing
would be to use this time to reconnect and hearing through friends that work in
with someone you’ve lost touch with. Tell the local hospitals about the conditions
whoever it is that you love them or miss being faced. We see and hear about the
them or that you’re thinking of them. care that is being provided throughout the
Check in on family. Even just a text mes- country and I know I am personally grate-
sage to let someone know you’re thinking ful for all of your hard work and compas-
of them during these times is what could sion that you have been providing those
make someone’s day just a little brighter. who have needed it most.

Because of this pandemic, the Social Me- To our members whom are educators
dia Sub-Committee has decided to add and have family that are educators, I ap-
plaud all of the hard work being put into
a little bit of color back into your days!
the last-minute coordination for distance
Through May 30th, there will be an art
learning to ensure that the students on
contest and all entries must be polygraph
all academic levels do not fall behind. As
related. Any medium of art can be submit-
a former elementary and middle school
ted via any of our social media platforms.
teacher, I understand the importance of
Break out the crayons, markers, colored
continuing to educate but also providing
pencils and show off your talent! The win- the students an opportunity for social and
ner will be decided upon by the Public Re- emotional supports through their video
lations Committee and the winner will be conferencing and online sessions. Thank
featured in the APA Magazine! you educators!

Also, we are still asking the membership Please connect with us on our social me-
for nominations for the APA Awards Ban- dia platforms through Facebook, Insta-
quet on September 3rd. We’re asking that gram and Twitter. This is the best way to
you nominate a colleague, friend or men- receive the most up to date information
tor that you believe best fits the descrip- from the Board of Directors regarding the
tion of the awards being presented. The upcoming Board of Directors Elections in
award descriptions are listed on the APA June, and the APA Annual Seminar. The
Website as well as on the Facebook page New Orleans conference is scheduled to
@www.polygraph.org run from Sunday, August 30, 2020, un-
til Friday, September 4, 2020. This is the
On a more personal note, I would like to week before the Labor Day weekend. (La-
acknowledge the following: bor Day falls on September 7, 2020.)
APA Magazine 2020, 53 (2) 35
FROM THE BOARD

Pam Shaw come, even after travel restrictions and


Director social distancing mandates have been
lifted. Thankfully, the APA is currently
Hello fellow APA professionals, able to keep moving forward with plans
for our annual seminar this fall, and we
At the time of this writing, our world is are able to keep working remotely on our
in a highly volatile, unprecedented turn respective committee projects and du-
of events related to COVID-19. In recent ties. That being said, as each of us begins
weeks I have been in communication with to experience more intimately the impact
numerous members about the pandemic, that COVID has had (or is having) on our
its implications related to agency opera- organizations, businesses and training
tions, private businesses, as well as the endeavors, I would like to encourage you
annual requirements for training hours in to please communicate with any member
various states and/or APA membership. of the APA Board and let us know if there
Many questions loom large in a time of is a way we can assist you and/or your
such palpable uncertainty. agencies navigate these unchartered wa-
ters.
Despite any of our wishes, wants or hopes
in these crazy times, what seems to keep It seems trivial in times like this to focus
bubbling to the surface is the message on the technical details of projects and
that we all play a role in shaping our fu- committee work, so I will save a more
ture, and the impact of one of us is often
robust update for a future issue of our
much more than we realize. I suppose in
magazine. In closing for now, I’d like to
light of discussions around disease, con-
bring back to mind my previous comment
tamination and resulting necessary pre-
about the impact of one person. If we
cautions this is daunting information, and
were to view the media’s constant con-
for some, probably reason enough to feel
downright afraid. What seems certain is versations about this through a more op-
that none of us can accurately predict fu- timistic and purposeful lens, perhaps we
ture events related to COVID-19 or answer could all be encouraged by realizing what
how long it will last. a tremendous opportunity we are afford-
ed each and every day to impact those
In these times, I would like to assure you around us…and perhaps even grasp more
that your APA Board is keeping a close assuredly how far that potential impact
watch on the status of state seminars, could reach. For every person we could
training courses, basic programs, and the possibly infect, what if we infected them
possible impact to polygraph profession- instead with a trace of kindness, a conta-
als worldwide. We realize government gious smile, or a glimmer of hope? What
and private sector entities will inevitably if instead of discussions around spread-
feel the impact of COVID for months to ing disease, we realized the capability of
36 APA Magazine 2020, 53 (2)
FROM THE BOARD

one person to spread joy, contentment or the same time you normally would.
appreciation? Work out, take your shower, get ready,
etc. and go to your office at home
I have never experienced in my lifetime the same way a normal workday. Try
such a pregnant pause in society or the to take breaks when you normally
world’s happenings. It seems the ham- would.
ster wheel of work and life has slowed
down in a way that none of us could have 2) Continue to meal prep if this is
contrived or planned for, but somehow, we something you normally do. Pack
have been asked to sacrifice while con- your lunch box and place it in the
currently being granted an opportunity to fridge. This will help the brain rec-
reflect on what’s most important in our ognize normal routine and will help
lives and in the lives of those around us. avoid binge eating when bored or
stressed.
I pray in the coming months that you and
each of your loved ones stay safe and 3) Every time you find yourself saying
healthy! “stuck at home” reframe it with “safe
at home.” Identify 3 ways in which
All the best, Pam Shaw you are safe and the positive mes-
sage behind that as opposed to al-
lowing yourself to stay stuck in nega-
tive messages.
Erika Thiel
Director 4) Instead of practicing “social dis-
tancing” practice “physical distanc-
Hello all who are reading this. First and ing.” This is what we are actually
foremost, I would like to express my con- doing when we are staying six feet
dolences for those of us who have experi- away from people at any given time.
enced loss during this pandemic. I send This is not a time to socially isolate
thoughts of comfort and peace to you yourself! Please make sure you are
and your loved ones. connecting with friends, family and
other positive influences in your life
As a practicing licensed therapist, I would whether it is my phone, video chat,
like to take the time to give some infor- messaging, etc.
mation on how to help maintain healthy
mental stability during a quarantine: 5) If you have a pet that would nor-
mally be alone while you are at work,
1) Stay as close to your routine as make sure you are giving them alone
possible. Wake up at the same time time throughout the day as well. This
you normally would and go to bed at will help with any anxiety separation
APA Magazine 2020, 53 (2) 37
FROM THE BOARD

that may occur when you go back to Como terapeuta de salud mental con li-
work. cencia, me gustaría tomar el tiempo para
proporcionar información sobre cómo
I also want to take this time to say thank ayudar a mantener una estabilidad men-
you to all of you who may have additional tal saludable durante una cuarentena:
degrees or skills during this time and are
stepping up to help. This may be thera- 1) Mantente lo más cerca posible
pists, nurses, doctors, people who have de tu rutina. Despiértate al mismo
tiempo que normalmente lo harías y
3D printers and have been printing sup-
ve a la cama al mismo tiempo que lo
plies for medical staff, first responders of
harías normalmente. Haz ejercicio,
all kinds, military personnel, truck drivers
toma una ducha, prepárate, etc., y
and any other person deemed as essen- ve a tu oficina en casa de la misma
tial and has been going to work. Thank manera que un día de trabajo nor-
you to your friends and family as well. mal. Intenta tomar descansos como
lo harías normalmente.
The PCSOT Committee continues to make
progress on changes to the model policy 2) Continúa preparando la comida si
and we will continue to work hard during esto es algo que normalmente haces.
this time to try and provide updates by Empaca tu lonchera y colócala en la
the seminar. nevera. Esto ayudará al cerebro a
reconocer la rutina normal y evitará
I appreciate you all taking the time to read los atracones cuando esté aburrido
this report. I know it may not be all that o estresado.
polygraph-focused, but the therapist in
my wants to reach you all more than the 3) Cada vez que te encuentres dici-
polygraph examiner in me wants to right endo “atrapado en casa” reformúlalo
con “seguro en casa”. Identifica 3
now. Please follow all CDC guidelines,
formas en las que estás seguro y el
stay safe and stay healthy. Hopefully
mensaje positivo detrás de eso en
by the next board report, we will all have
lugar de permitirse quedarse atrapa-
made it through this. do en mensajes negativos.

Hola a todos los que están leyendo esto. 4) En lugar de practicar el “distancia-
Ante todo, me gustaría expresar mis con- miento social”, practique el “distan-
dolencias por aquellos de nosotros que ciamiento físico”. Esto es lo que real-
hemos experimentado pérdidas durante mente estamos haciendo cuando nos
esta pandemia. Les envio mis condolen- mantenemos a seis pies de distan-
cias y paz a ustedes y a sus seres queri- cia de las personas en un momento
dos. dado. ¡Este no es un momento para
38 APA Magazine 2020, 53 (2)
FROM THE BOARD

aislarse socialmente! Asegúrese de nes y cualquier otra persona que se con-


conectarse con amigos, familiares sidere esencial y haya estado trabajando.
y otras influencias positivas en su Gracias a tus amigos y familiares tam-
vida, ya sea por teléfono, video chat, bién.
mensajes, etc.
El Comité PCSOT continúa avanzando en
5) Si tienes una mascota que nor- los cambios a la política modelo y con-
malmente estaría sola mientras es- tinuaremos trabajando duro durante este
tás en el trabajo, asegúrate de darles tiempo para tratar de proporcionar actu-
tiempo a solas durante todo el día alizaciones durante el seminario.
también. Esto ayudará con cualquier
separación de ansiedad que pueda Les agradezco a todos que se hayan to-
ocurrir cuando regrese al trabajo. mado el tiempo de leer este informe. Sé
que puede que no esté demasiado cen-
También quiero aprovechar este momen- trado en el polígrafo, pero el terapeuta en
to para agradecerles a todos ustedes que
pueden tener títulos o habilidades adicio- mi quiere llegar a todos ustedes más de
nales durante este tiempo y están ayu- lo que el examinador de polígrafo en mí
dando. Puede tratarse de terapeutas, en- quiere en este momento. Siga todas las
fermeras, médicos, personas que tienen pautas de los Centros de Control de En-
impresoras 3D y han estado imprimiendo fermedades (por sus siglas en ingles
suministros para personal médico, per- CDC), manténgase seguro y saludable.
sonal de primeros auxilios de todo tipo, Esperemos que para el próximo informe
personal militar, conductores de camio- de la junta, todos lo hayamos logrado.

APA Magazine 2020, 53 (2) 39


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PEAK Credibility Assessment Training Center www.peakcatc.com info@peakcatc.com


REGULAR FEATURES

Creation
Gur Segev Ronen (G.S.R)

Creation is an abstract term that de- angle and after conversations with a num-
scribes reference to something as the ber of colleagues, I realized that they, too,
product of complex processes of added did not know about the “polygraph art”.
subjective value.
To my delight, I found a sympathetic ear
The practice of polygraph science has from the publishers to publish in the APA
been going on for more than a century, magazine. They have agreed to give a
during which researchers have studied,
platform to some of the works of art that
developed and created instruments, tech-
I have created over the years.
niques, concepts and ideas.
Over the coming period we will present
As a member of the global polygraph
community, I was intrigued to find a niche works of art which their common denomi-
that deals with a polygraph from the per- nator is the Polygraph.
spective of free work or as one might say
from the angle of art. I hope that the publication will lead other
people to deal with this issue alongside
Unfortunately, I did not find any documen- the important profession we deal with on
tation of “Polygraph art” from the abstract a daily basis.

42 APA Magazine 2020, 53 (2)


Credibility assessment is one of the oldest
and most important forensic sciences.
Credibility assessment is recognized by the
American Academy of Forensic Sciences.
Our select training is designed to meet the
courtroom challenges you will face.
Mentor support for polygraph students
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APA Magazine 2020, 53 (2) 43


REGULAR FEATURES

C4 R5 C6 R7 C8
C46 R33 C47 R35 C48
C3 R4 C5 R6 C7
C3 R4 R5 C6
C1 R1 R2 C2
C1 R1 C2 R2 C3 R3
Practical Polygraph: CQT Formats by the Numbers
C3 R4 RaymondR5 C6Ben Blalock
Nelson and R7 C8

Comparison question test (CQT) formats single behavior, or, at times, on multiple
have been developed for single issue and facets of a singular event. Single issue
multiple issue exams with two, three and polygraph formats can also be used for
four relevant questions (RQs). That is, single issue screening. Single issue and
polygraph test formats with two, three event-specific exams should more effec-
and four RQs have been developed for
tively be interpreted with an assumption
both single issue and multiple issue ex-
that RQs are not independent – that they
ams1.
have shared response variance.2,3,4,5,6,7In
Single issue polygraphs are commonly other words, factors that affect respons-
used for event-specific diagnostic exams, es to each individual RQ – emotion, cog-
conducted in response to a known inci- nition, attention, behavioral experience
dent or known allegation. These event- – may also influence responses to other
specific diagnostic exams focus on a RQs.

1 American Polygraph Association (2011). Meta-analytic survey of criterion accuracy of validated polygraph techniques.
Polygraph, 40(4), 196-305.
2 Podlesny, J. A. & Truslow, C. M. (1993). Validity of an expanded-issue (modified general question) polygraph technique
in a simulated distributed-crime-roles context. Journal of Applied Psychology, 78, 788-797.
3 Krapohl, D. J. (1998). A comparison of 3- and 7- position scoring scales with laboratory data. Polygraph, 27, 210-218.
4 Krapohl, D. J. & Norris, W.F. (2000). An exploratory study of traditional and objective scoring systems with MGQT field
cases. Polygraph, 29, 185-194.
5 Senter, S M. (2003). Modified general question test decision rule exploration. Polygraph, 32, 251-263.
6 Senter, S. M., Dollins, A. B., & Krapohl, D. J. (2004). A comparison of polygraph data evaluation conventions used at the
University of Utah and the Department of Defense Polygraph Institute. Polygraph, 33(4), 214-222.
7 Handler, M., Nelson, R., Goodson, W., Hicks, M. (2010). Empirical scoring system: a cross-cultural replication of manual
scoring and decision rules. Polygraph, 39(4), 200-215.

44 APA Magazine 2020, 53 (2)


REGULAR FEATURES

The assumption of non-independence size and limitations of the test result. In


between RQs will ultimately influence field practice this is often operationalized
the way that test data are interpreted. in the form of a procedural decision rule
In practical terms, interpretation means such as the grand total rule (GTR), two-
several things, including the calculation stage rule (TSR) or other variants such as
of a statistical result from the numerical the Federal zone rule (FZR).8 All CQTs will
data, parsing and reporting the categori- include both RQs and comparison ques-
cal result from the numerical and statisti- tions (CQs), along with other procedural
cal data, parsing and reporting the results questions. Knowledgeable and experi-
for individual questions, and the prepara- enced field examiners can easily identify
tion of a coherent explanation of the actu- a polygraph test format by inspecting the
al meaning of the test result so that oth- RQ labels. Shown below in Table 1 are
ers can make use of the test result with commonly used polygraph test formats
consideration for both the practical effect for single issue exams.

Table 1. Test formats for single issueTable 1. Test


polygraphs. formats for single issue polygraphs.
Two RQs
Federal You Phase (BiZone) R5 R7
Backster You Phase R33 R35
Matte MQTZCT R33 R35
AFMGQTv1 (2RQs) R4 R6
AFMGQTv2 (2RQs R4 R5
DLDT R1 R2
BOST R4 R6
Three RQs
Backster ZCT R33 R35 R37
Federal ZCT R5 R7 R10
AFMGQTv1 (3RQs) R4 R6 R8
AFMGQTv2 (3RQs) R4 R5 R7
CPC/RCMP A Series R5 R7 R10
IZCT R6 R9 R12
Utah 3-Question R1 R2 R3
Utah 3-Question R5 R8 R11
Four RQs
Utah 4-Question (Raskin Technique) R1 R2 R3 R4
Utah 4-Question (Raskin Technique) R5 R6 R8 R9
AFMGQTv1 R4 R6 R8 R10
AFMGQTv2 R4 R5 R7 R8
Reid GQT (MSU, Arther, Marcy) R3 R5 R8 R9

8
Nelson, R. (2018)
Multiple issuePractical polygraph:
polygraphs areacommonly
survey and description of decision contexts,
used in screening rules. APA Magazine,
in which51(2),
the127-133.
test is
conducted in the absence of any known incident or allegation. The goal of a screening test is to
APA Magazine
investigate the possible existence of unknown problems. Although screening exams2020, 53 (2) 45
can be
REGULAR FEATURES

Multiple issue polygraphs are commonly may have engaged in none, some or all of
used in screening contexts, in which the the behavioral targets of a multiple issue
test is conducted in the absence of any screening exam. For this reason, results
known incident or allegation. The goal of of multiple issue screening polygraphs
a screening test is to investigate the pos- are commonly interpreted using the sub-
sible existence of unknown problems. Al- total score rule (SSR). Although effect
though screening exams can be conduct- sizes for multiple exams are less precise
ed in response to a single issue of con- than for single issue exams – due to com-
cern – wherein all RQs address a single
bination of factors including increased at-
unknown issue – screening polygraphs
tentional and cognitive demands, statis-
are commonly formulated as multiple is-
tical multiplicity, and a reduced quantity
sue exams.
of information for subtotal scores (com-
Multiple issue polygraphs are interpreted pared to the grand total score) – multiple
with an assumption of independent crite- issue screening polygraphs are often use-
rion variance. In other words, the criterion ful because they can increase the sensi-
of interest (i.e., involvement in the differ- tivity of the polygraph screening test to a
ent behaviors described by different RQs) wider range of possible problems. Table
is assumed to be independent. In practi- 2 shows commonly used polygraph for-
cal terms, it is conceivable that a person mats for multiple issue exams.
Table 2. Test formats for multiple issue polygraphs.
Table 2. Test formats for multiple issue polygraphs.
Two RQs
DLST R1 R2
AFMGQTv1 (2RQs) R4 R6
AFMGQTv2 (2RQs) R4 R5
Three RQs
AFMGQTv1 (3RQs) R4 R6 R8
AFMGQTv2 (3RQs) R4 R5 R7
Four RQs
AFMGQTv1 R4 R6 R8 R10
AFMGQTv2 R4 R5 R7 R8
Army MGQT R3 R5 R8 R9

Notice that
Notice thatsome test test
some formats, such as such
formats, the AFMGQTv1
as anddepending
cus– AFMGQTv2,onmay
thebe used as either
target(s) of the in-
9
an event-specific (single issue or multi-facet) or multiple issue focus– depending on the target(s)
the AFMGQTv1
of the and
investigation. It isAFMGQTv2, may
not the name of vestigation.
be format
the test that makesItitisannot the nameorof the test
event-specific
multiple
used as issue polygraph
either technique. Instead,
an event-specific 9 the differentiating
(single format that characteristic
makes it an of these is whether or
event-specific
RQs are formulated with an assumption of independent or non-independent criterion variance.
issue or multi-facet)
This decision or multiple
will influence issue
the selection fo-decision
of the multiple issue
rule used polygraph
to interpret technique.
and classify the test In-
9result as
Nelson, deceptive
R. et or truthful.
al (2017). APA Research Committee Report: Proposed Usage for an Event-specific AFMGQT Test Format.
Polygraph, 43(4), 155-167.
The AFMGQTv1 and AFMGQTv2 are highly adaptable formats that can be used with two, three
46
or four
APARQs. Reduction
Magazine 2020, 53of
(2)the AFMGQTv1 to three RQs and two RQs is a matter of simple
REGULAR FEATURES

stead, the differentiating characteristic of the AFMGQT to three or two RQs. The AF-
these is whether RQs are formulated with MGQT format provides a good example of
an assumption of independent or non- the natural state of tension between stan-
independent criterion variance. This deci- dardization and adaptation.
sion will influence the selection of the de-
cision rule used to interpret and classify Selection of a polygraph test format is
the test result as deceptive or truthful. not a matter of memorized dogma, but
of science. Decades of research on the
The AFMGQTv1 and AFMGQTv2 are high- comparison question polygraph tech-
ly adaptable formats that can be used nique has laid a solid foundation for
with two, three or four RQs. Reduction polygraph examiners to rely upon when
of the AFMGQTv1 to three RQs and two deciding which polygraph principles to
RQs is a matter of simple intuition. In field exercise. The decision-making process is
practice, differences may be observed a simple matter of answering two ques-
among examiners as to whether or not a tions.10 Firstly, is the examination a di-
CQ is retained at the end of the question
agnostic test, conducted in response to
sequence (such as with the LEPET varia-
a known incident or allegation? Or is it a
tions), and there no basis in the scientific
screening test, conducted in search of a
evidence to date to support the rejection
possible problem in the absence of any
of either solution. Some differences in in-
known incident or allegation? Secondly,
tuition may be observed in the way that
how many RQs are to be included in the
the AFMGQTv2 is reduced from four RQs.
test format? For single issue exams the
For example, removal of the second of
each pair of RQs would leave R4 and R7 use of more RQs will generally increase
in the question sequence, while removal the sensitivity and specificity of the test,
of the first of each pair will leave R5 and increasing the accuracy of results and de-
R8. Again, there is no basis in scientific creasing the likelihood of an inconclusive
evidence to support the rejection of any result – at the expense of added effort
of these solutions as invalid. Validity, af- in formulating and presenting additional
ter all, is not simply a matter of declara- RQs. For multiple issue exams, the use of
tion. Although there are some advantages more RQs will generally increase the test
to a highly standardized approach, when sensitivity to deception, while potentially
variation is actually disruptive, in this reducing false-negative errors among de-
case, there is no evidence to support any ceptive persons – at the expense of some
assumption or expectation of any differ- potential increase in false-positive errors
ences in validity or effect sizes as a result and inconclusive results among truthful
of the different solutions when adapting persons.

10
Nelson, R. & Handler, M. (2017). Practical polygraph: how to select a polygraph test format. APA Magazine, 50(2), 72-81.

APA Magazine 2020, 53 (2) 47


REGULAR FEATURES

In practice, field polygraph examiners the issue under investigation, a potential


may select a polygraph test format in consequence of overlearning is the re-
compliance with department or agency duction of awareness of the foundation-
policy. And field practice policies are ide- al issues and principles that led to, and
ally based in scientific evidence. Some support the validity of, a defined testing
agencies may restrict practices to a procedure or field practice. In field prac-
single accepted format, with the advan- tice, this can sometimes lead to a narrow-
tage of administrative consistency. Other ing of skill repertoire to a small number
agencies may permit field examiners to of commonly used solutions, along with
choose from a small number of accept- a reduced ability to adapt or select solu-
ed formats. A potential advantage of the
tions that may be ideally suited for each
use of a structured menu of examination
situation. In the most extreme cases we
formats is the development of increased
may observe the use of a one-size-fits-all
professional expertise in the selection
approach to polygraph testing, with little
and development of solutions that are in-
dividualized for each case. thought as to whether the chosen format
is optimally suited to the reason for refer-
It is also common that field polygraph ral for examination. The antidote to this
examiners may select and use a poly- narrowing of professional competence
graph technique at an over-learned or au- is simple: memorize and maintain a con-
tomatic level, wherein the procedure can scious awareness of the variety of differ-
be executed with a high degree of skill ent polygraph test formats. An easy way
with little conscious attention. Although to do this is to use the RQ labels to quick-
beneficial in terms of freeing attentional ly and accurately recognize the variety of
and cognitive resources for devotion to polygraph test formats.

48 APA Magazine 2020, 53 (2)


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Interviewing Strategy For Intelligence Gathering


Philip A. Mullenix*

Obtaining information about another’s ity, as well as preemptive discovery of im-


unlawful activities (or planned miscon- pending future illicit behavior.
duct that has not yet been executed) can
be more challenging than asking one to How does one approach tactical ques-
acknowledge their own prior misdeeds. tioning, debriefing, or interrogation when
The code of silence, or omerta, is a power- the mission is to determine what a person
ful deterrent, because disclosure creates knows versus what they’ve already done?
fear of retribution or being branded as un-
trustworthy. The principal strategy is fact-based direct-
questioning which is executed through a
five-phase protocol of “Planning and Prep-
Intelligence gathering for events such as
aration”, “Establishing Rapport”, “Ques-
espionage, narcotics distribution, human
tioning”, “Termination”, and “After Action
trafficking, terrorism, organized crime,
Review”. These elements bear rough
as well as during national security intel/ similarities to the five phases of ques-
counter-intel or military operations pri- tioning procedures which are separately
oritizes identification of co-conspirators, prescribed within both the US Army Field
source and disposition of contraband, Manual 2-22.3 on interviewing/interroga-
safe house locations, informant credibil- tion as well as the P.E.A.C.E. method of

* Philip A. Mullenix is a retired polygraph examiner and attorney who since 1983 has practiced law in the in the State
Courts of Illinois, the United States District Court for the Northern District of Illinois, and the United States Seventh
Circuit Court of Appeals. He is an instructor in the Reid Technique of Interviewing and Interrogation as well as the Reid
Military Instructional Program in Non-Coercive HUMINT, Military Intelligence, and Counterintelligence Interviewing.

APA Magazine 2020, 53 (2) 49


SPECIAL FEATURES

investigative interviewing initiated by the the perpetrator and the investigator)


United Kingdom. must never be disclosed to a source
either as a means of facilitating the
I. Planning and Preparation questioning session or to refresh a
source’s recollection. Failing to re-
A) Understanding the background serve corroborating evidence from
and motives of a person being ques- discussion during a questioning ses-
tioned (hereinafter a “source”) is as sion is a serious breach of profes-
vital to the success of a questioning sional standards. Mistakes are eas-
session as a thorough understand- ily made if that critical evaluation is
ing of the evidence itself. Attempts left for spontaneous consideration
to develop such personal insight while the session is underway.
should be initiated before a question-
ing session is undertaken through D) Preparation of the location of a
deep dives not only into a source’s questioning session should respect
criminal and civil court history when-
the value of privacy, eliminate dis-
ever feasible, but also by exploring
tractions, remove furniture barriers,
the source’s social networks, past
establish means of recording when-
experiences, needs, as well as ideo-
ever possible, and provide reason-
logical and political affiliations or be-
able safety for both the source as
liefs.
well as the interviewer. Reconnais-
B) Subject matter expertise, versus sance of a tactical site in advance of
casual familiarity with case facts, questioning is recommended if the
is fundamental to an interviewer’s session will be held beyond the inter-
planning and preparation. Unless viewer’s customary controlled envi-
circumstances mandate otherwise, ronment.
all forensic methodologies should be
exhausted before commencement of E) Objectives of the tactical ques-
a questioning session. tioning, debriefing, or interrogation
should be determined before com-
C) Identification of evidence that mencement. The game plan should
may be disclosed or discussed prioritize whether the goal for a spe-
should be anticipated and planned cific questioning session is to deter-
in advance of a questioning session. mine source credibility, develop sub-
Evidence that could later be used to stantive content, obtain admissions
validate an admission against inter- against interest, or explore the viabil-
est (i.e., specific facts that are only ity of initiating a recurring informant
known by the perpetrator or by both relationship with the source.
50 APA Magazine 2020, 53 (2)
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II. Establishing Rapport C) Sizing up a source for relevant


personal traits and emotions allows
A) Mutual respect is the key compo- an interviewer to adapt his or her own
nent of rapport. Attempts during a posture, presentation, intensity of eye
questioning session to become a contact (in order to avoid intimidat-
source’s “friend” will be perceived as ing a shy/insecure source), as well
weak or patronizing. Instead, the in- as choice of vocabulary (in order to
terviewer will command respect from maintain consistency with a source’s
intellectual level and to avoid “talking
a source through preparation, pro-
down” to a source through the use of
fessional demeanor, personal bear-
overly sophisticated language). Rap-
ing, and self-assurance that does not
port is further enhanced by an inter-
cross the line into arrogance. An in- viewer who takes time to condition a
terviewer should never tolerate disre- source through additional conversa-
spect from a source. Instead, he or tion and assurances in response to
she must immediately and decisively a source who displays extreme ner-
respond to challenges in a manner vousness, fear, or anger.
which does not undermine the inter-
viewer’s stature. D) Explaining the full range of is-
sues under discussion and inviting
B) An interviewer’s objective and non- a source to ask all reasonable ques-
judgmental attitude, regardless of any tions conveys transparency and
negative thoughts the interviewer leads to trust with the interviewer.
may privately harbor toward the Evasiveness on the part of an inter-
source, will build rapport and stimu- viewer is destructive of rapport, as
late truthful disclosures. The inter- it can cause a source to believe he
viewer must maintain self-control of or she is being “tricked”. If the inter-
facial expressions, vocal tone, and viewer cannot reveal certain infor-
mation, he or she must honestly say
emotions; because any inflection or
so when asked about it by a source.
display of disdain or surprise may
Similarly, if the evidence incriminates
freeze the flow of information from
a source, then anything less than an
a source who feels he or she is be- honest reply by the interviewer to a
ing judged. Anger clouds clarity of source’s direct question about its na-
thought, and a debriefer or interroga- ture could irreparably destroy both
tor who displays anger or impatience rapport and the questioning session
has immediately revealed their own itself.
personal vulnerability which a hostile
source might then exploit against the E) Allowing a source to speak about
interviewer. themselves, personally and profes-
APA Magazine 2020, 53 (2) 51
SPECIAL FEATURES

sionally, provides an opportunity to did you?”) or which contain memory


simultaneously gain valuable insight qualifiers (“You don’t remember what
into the source and calm his or her you did last Friday, do you?”). Such
excess anxiety. By asking more than questions invite easy reliance by the
merely superficial questions about a source upon the negatives or the
source’s background, the interviewer memory qualifiers that are carelessly
displays genuine interest which ac- built into such questions. Most of-
centuates trust, rapport, and ease of ten, however, leading questions elicit
communication. simple one-word answers that are
devoid of detail, emotions, spontane-
III. Questioning ous comment, and helpful credibility
indicators which are otherwise evi-
A) Direct questioning is the principal dent within broad descriptions and
line of inquiry in which the source is time-line constructs.
asked to freely recall his or her ac-
count of events. If contradictions oc- Descriptive narrative responses to
cur, either within their own account or direct questioning should not be in-
between their account and a version terrupted by the interviewer. Instead,
obtained from another source, clari- a source should be allowed to speak
fication should be sought in a non- fully with only periodic prompts and
accusatory matter of fact tone. The expressions of interest from the in-
ultimate objective is to obtain the terviewer such as “What happened
truth, so a source should be given ev- next?” or “Then what did you see?”
ery opportunity to clarify inadvertent Only if a source strays far onto a
misstatements of fact. tangent should the interviewer in-
terrupt to refocus the source’s at-
Effective direct questioning elicits tention upon relevant issues. Once
narrative responses which are de- the source’s narrative is exhausted,
scriptive beyond the simple “yes” or an interviewer should ask follow-
“no”. This is best accomplished by up questions for clarification and to
asking “open ended” questions such elicit even more substantive content
as “Tell me in your own words what by integrating cognitive recollections
you heard” or “Walk me through the of visual, auditory, or other sensory
events of the day.” Conversely, lead- perceptions and emotions within the
ing questions (i.e., questions which source’s descriptions.
suggest their own answer) should
be avoided when attempting to draw Active listening by the interviewer is
out free recall, particularly leading necessary to fully explore a source’s
questions which embody negatives account of events, spontaneously
(“You didn’t talk to Bill yesterday, identify meaningful follow-up ques-
52 APA Magazine 2020, 53 (2)
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tions, and discern nuances within selectivity by asking the source to


the source’s choice of words as well relate recollections of other events
as the emphasis and inflection with surrounding the date/time/place at
which those words are spoken. issue which transcend the content of
the conversation being reported. Ab-
B) Challenging a source’s percep- sence of continuity of memory sug-
tions, memory, and sincerity helps gests a credibility gap that should
manage the conversation and en- trigger caution in reliance upon the
hance accuracy by deeply vetting intelligence being proffered. Final-
how the source knows what he thinks ly, accuracy may be adversely af-
he knows. If a source reports that he fected by inherent bias, interest, or
heard a conversation between two prejudice. Source sincerity should
individuals, the interviewer should be overtly challenged to determine
logistically challenge the source’s whether the reported conversation
perceptions, e.g., where the two indi- may have been contrived as deliber-
viduals were in relation to the source ate disinformation for monetary or
when the relevant statements were ideological gain or perhaps to cast
made, the location of the conversa- unwarranted suspicion upon either
tion, the source’s distance from the or both of the two purported partici-
conversation, ambient noise includ- pants to the conversation.
ing background discussion or mu-
sic, voice levels, exact words spoken, C) Presenting an unwilling source
and factors affecting room acoustics with a moment of opportunity to es-
such as the absence or presence of tablish his or her credibility induces
carpeting versus tile or drapery ver- a sense of self-control over their
sus bare windows. If the source own destiny. By arguing to a source
reports observing a sequence of that it’s important to understand
events, the interviewer should logis- the circumstances surrounding the
tically challenge that perception by source’s misconduct, an interview-
requesting details such as the dis- er provides an opportunity for the
tance between the source and the source to preserve self-respect by
action reported, other people pres- exercising some control over how
ent, background structure character- their actions will be perceived. Such
istics, weather conditions if outside, challenges to disclose information
room lighting if indoors, and vantage about colleagues or illicit activities
point which might include a sketch yet to be carried out may be sup-
of the location. ported through analogous case ex-
amples or situations in which others
Similarly, a source’s memory should exhibited the strength of character
be challenged to assure absence of to disclose not only what they knew
APA Magazine 2020, 53 (2) 53
SPECIAL FEATURES

but the circumstances of their hard At the moment of arrest, the distribu-
life that triggered involvement in the tor was placed in restraints and was
unlawful enterprise. guarded at the scene by four physi-
cally capable officers. During the
Reinforcement through social influ- planning and preparation phase, it
ence (without the use of minimiza- was learned that the distributor had
tion or incentives) is all that is re- two children who lived with him. It
quired to engender source coopera- was also learned that he had a histo-
tion. This approach is especially use- ry of criminal convictions that includ-
ful at moments of source vulnerabil- ed repetitive violent behavior toward
ity including “shock of capture” when law enforcement officers. No effort
the focus is not whether the source was spared in securing the suspect
has engaged in the conduct (that’s to prevent a similar violent outburst.
already a foregone conclusion) but, The lead investigator, however, had
rather, collateral “knowledge” issues a narrow window of mere minutes
such as identities and whereabouts within an uncontrolled tactical envi-
of co-conspirators, contraband dis- ronment amidst “the shock of cap-
tribution points, source/disposition ture” to establish rapport and debrief
of contraband/cash, safe-house lo- a hostile and likely unwilling source.
cations, etc. After presenting Miranda rights, the
investigator took the following ap-
Consider the following case study. proach.

Through a continuous informant, “Joe, you know the drill. You can de-
the identity of a narcotics distributor cide to say nothing at all, and this
was learned, but the origin of his nar- thing will take on a life of its own with
cotics could not be determined. With the evidence speaking for itself. On
the help of the informant, investiga- the other hand you can take a hard
tors arranged a controlled purchase look at the moment of opportunity
which resulted in the on-scene arrest staring right at you. If you’ve got the
of the distributor as well as recovery guts to tell the truth, you can control
of heroin and fentanyl. how other people will see you for who
you are rather than for what you’ve
The distributor’s own conduct was done.
no longer in question. The investiga-
tors’ mission now turned to learning “What I know is that you’ve got a cou-
from the distributor the origin of the ple of kids who mean a lot to you. I
narcotics as well as the method of also know you’ve had a rough deck of
laundering the money derived from cards dealt to you in life – lots of hard
its sale. knocks. As I see it, you’re involve-
54 APA Magazine 2020, 53 (2)
SPECIAL FEATURES

ment in this stuff is to provide a life opportunity. It’s up to you to control


for your kids that’s better than what your own destiny and define who you
you had. Another thing I know – that are; otherwise the rest of the world
you’ve teed-off on cops before. So will do it for you.”
here’s my offer. I’ll take those cuffs
off and we can have a conversation, Thereafter, a rapid-fire string of short,
eye to eye. You and I might end up simple, open-ended questions was
rolling around in the dirt if you want, followed by complete answers from
but I think you’re better than that. If Joe about his connections both for
you’ve got the guts to take it, I’m giv- the drugs and for disposition of cash
ing you a chance to talk about the cir- proceeds, including names and spe-
cumstances that got you involved in cific locations. It was done in fifteen
all this. If your family means anything minutes. While still at the scene of
to you, you’ll take that chance. But if arrest, Joe was asked why he decid-
I give you that shot at having your ed to tell the truth. He replied that
story heard, you’ve got to level with it was because he had been treated
me about how this all works. Your with respect.
choice – I’ll treat you like a man; but
you have to tell me right now you’re D) By inducing within a source a sense
going to shoot straight with me.” Joe of psychological isolation from co-
said he would. The cuffs were re- conspirators the interviewer creates
moved, and the debriefing continued an opening to alienate the source
inside the investigator’s SUV. from handlers who are reaping the
benefits of the source’s efforts with-
“What happened here tonight wasn’t out assuming any of the front-line
an accident, we’ve had you under in- risks. Through this social influence,
vestigation for months. So I know the interviewer impresses upon the
the answers to some of the ques- source that the people he or she is
tions I’m about to ask you, but I don’t protecting have taken the source for
know them all. That part’s up to you. granted, view the source as expend-
Your credibility is on the line right able, and have set the source up as
now. If you give me a fairy tale about a “patsy” to take the fall for those
something I already know, then this who’ve treated him or her as nothing
will be over in a heartbeat. If it’s more than their puppet. Thereafter,
true that your kids mean everything well-placed compliments that rein-
to you, that you’re trying to make a force the source’s self-esteem are a
better life for them, then show them stark contrast to the abandonment
you’ve got the guts to man-up when and callous disregard displayed by
the going gets tough rather than those whom the source is insulating
cower in silence. I’m giving you that through his silence.
APA Magazine 2020, 53 (2) 55
SPECIAL FEATURES

Consider the following case history. the interrogator adopted a strategy


to psychologically isolate and then
A suspect, Steve, was arrested in alienate Steve from his colleagues.
the aftermath of a reported burglary
from an exclusive neighborhood. In- “Steve, you’ve been played. You’re
side his van there were several rare alone now; nobody is coming for
sculptures and paintings that had you. The people who put you up to
been stolen from the residence. this are not here right now, you are.
Steve readily admitted that he had You’re expendable to them. It means
stolen the property without the as- nothing to them to let you take the
sistance of others and that it was his heat alone. They won’t even look in
first and only burglary. Investigators the rear-view mirror at you, because
believed, however, that Steve was they can always find someone else
part of an active enterprise that had to be their “patsy”. You know it, and I
been repeatedly targeting specific know it. That’s what you are to them,
residences in a series of burglaries a “patsy” -- you’ll take the fall be-
solely for the owners’ uniquely valu- cause that’s how they’ve played you.
able works of art. None of the stolen Do you like that? Do you like the way
artwork from the previous incidents that makes you feel?
had been recovered.
“Think about that. I mean really think
The interrogator was initially met it through. It’s your life. It’s your dig-
with defiance as he patiently re- nity either to take back or to leave
viewed the evidence with Steve and in the gutter. If you want someone
inquired how Steve knew not only else to keep pulling your strings, then
that the artwork was inside the resi- you’re doing the right thing by saying
dence but also how he intended to nothing at all. But if you want to get
sell, or “fence”, such high-line proper- a grip on your life and stop other peo-
ty. While maintaining his profession- ple from taking you for granted, then
al demeanor in the face of Steve’s you’ve got to have the guts to lay it
antagonism, the interrogator made it on the line.
clear that the level of sophistication
required in systematically planning “I believe you’ve got that kind of
and executing the theft and disposi- strength of character, Steve. You’re
tion of such unique property was not not that guy who’s okay being some-
random but required the involvement one else’s fool. You’re better than
of others to pull it off. that. But if you just sit there and
think the people you’re protecting are
To persuade Steve to reveal his co- going to come for you, then you re-
conspirators and methodologies, ally are someone else’s fool. If you
56 APA Magazine 2020, 53 (2)
SPECIAL FEATURES

like being a victim, that’s your choice. the mere appearance of being an
But really, Steve, being a patsy for informant can sometimes be more
people who couldn’t care less about compelling to an unwilling source
you? Not in my world. than the fear induced by an act of be-
trayal itself.
“You can be your own man, Steve, be-
cause that’s who you are. Stand up Control over that fear can be socially
for yourself and call your own shots. influenced by suggesting to a source
You’re the only one who can make who is a known member of a criminal
that decision.” enterprise that investigators will reg-
ularly visit the source for the purpose
The interrogator let the room go si- of overtly engaging in animated con-
lent. Nobody said anything for sev- versation in full view of others who
eral minutes before the interrogator might then interpret such encoun-
suggested a change of scenery by ters as informant activity. The fear
inviting Steve outside (in cuffs) for thereby raised within an unwilling
a smoke. After a few cigarettes, the source can then be immediately alle-
questioning session was terminated, viated through reinforcement by the
and Steve spent the night in custody. interviewer that the entire process
(and its unflattering appearance) will
The next morning, Steve asked to be avoided in exchange for at least
speak with the interrogator. Before one substantive piece of actionable
any questions were asked, Steve said intelligence that will help stop the
he thought about everything the in- unlawful conduct or lead to victim
terrogator had said the night before vindication.
and agreed it was time to stand up
for himself. Steve then detailed the This approach is best reserved for
names of all who were involved, in- the most egregious of organized illic-
cluding his older brother, in targeting it activities such as terrorism, narcot-
and stealing the artwork, then trans- ics distribution, human trafficking, as
porting it from Chicago to New Or- well as time-critical rescues of at-risk
leans for shipment to black markets victims.
in Europe.
Consider the following scenario.
E) Controlling the fear that a source
may experience from betraying those While attempting to locate sever-
within an unlawful enterprise can be al teenage female runaways who
both an obvious obstacle but also a abruptly disappeared, investigators
valuable catalyst in obtaining infor- review security video from passen-
mation. Fear of consequences from ger terminals of a city’s train sta-
APA Magazine 2020, 53 (2) 57
SPECIAL FEATURES

tions and long-distance bus depots. remember anything or learned any-


On several occasions they observe thing new about these missing girls.
the same individual speaking with After all, we both know from the evi-
young women, some of whom are dence that you’re the last one to see
seen leaving with the male suspect, them. If you have nothing to hide,
“Alex”. Among those seen with this process of me coming around
Alex are the sought-after runaways. isn’t going to bother you one bit. But
Alex is detained for questioning and if you are involved, the people who
agrees to speak with investigators have these girls will see me coming
after waiving his rights to silence back to you every day until you drop
and legal representation. Alex ad- a dime on where they are and who
mits the encounters which he ex- has them. Once you do that, I’ll stop.
plains as unsuccessful attempts to It’s your choice how you want this to
develop personal relationships with play out, because saving these girls
the women after transporting them is the only thing that matters to me.
to various night clubs or bars in the
Make a decision, Alex.” Full disclo-
city. He denies having harmed any of
sure ensues.
the women, and he denies knowing
where they can be found.
IV. Termination
Investigators conclude that Alex is a
A) The first element of the termina-
recruiter for a sex trafficking ring, but
tion phase of a questioning session
they cannot infer whether the enter-
involves reviewing and confirming
prise is national, international, or lim-
ited just to the specific city. Midway with a source all of the intelligence
through Alex’s interrogation, the fol- that was obtained. There must be no
lowing approach is adopted. ambiguity between the source and
the interviewer over the accuracy of
“Alex, regardless of what you may or the disclosures, the voluntariness of
may not have done, our attention is any admissions against interest that
focused only upon getting these girls may have been revealed, or the con-
back home to their families. You sistency of the disclosures relative
can help us. We’re going to cut you to any evidence that had been made
loose – you’re free to go. But every available to the interviewer before or
evening going forward, I’ll stop by to during the questioning session. The
see you, either outside in your neigh- interviewer must be certain to iden-
borhood or at any one of those night tify the origin of all information ob-
clubs where you hang out. I’ll have tained from the source so that third-
a pleasant conversation with you for party hearsay is not erroneously ac-
ten minutes, just to see whether you cepted as fact.
58 APA Magazine 2020, 53 (2)
SPECIAL FEATURES

B) The second element involves C) At the conclusion of the session,


adoption by the source in the pres- the source and interviewer should
ence of a second interviewer of any part on terms that preserve mutual
disclosures made by the source dur- respect, particularly in anticipation
ing debriefing or interrogation. This of additional questioning sessions
“witness” should be well versed in in the future. The interviewer should
the case history and should be invit- ask whether the source has any lin-
ed into the room by the interviewer gering questions about what may
after all information has first been happen next and should answer
thoroughly reviewed and confirmed them to the extent discretion permits
between source and interviewer. The before expressing gratitude for the
original interviewer should then re- source’s time and cooperation. Be-
cite the intelligence obtained where- fore closing, the interviewer should
upon the witness should directly ask propose the possibility that it may be
the source whether the information helpful for the interviewer to speak
is true and accurate before conclud- again with the source and seek con-
ing with a series of brief, yet detailed, currence from the source that he or
questions confirming both the con- she would not oppose meeting again.
tent and voluntariness of the disclo-
sures as well as the state of mind V. After Action Review
and well-being of the source.
A) This represents an evaluation of
If appropriate, the disclosures may the questioning session to determine
thereafter be reduced to writing, ei- whether goals and objectives have
ther by hand or via electronic tran- been met; whether further debriefing
scription within a formal question-an- or interrogation of the source is war-
swer format lead by the interviewer. ranted; whether additional persons
Whenever possible, however, all de- should be questioned and, if so, in
briefings and interrogations should which order; and whether further in-
be both orally and video recorded vestigative efforts should be under-
from start to finish, provided all law- taken toward vetting the intelligence
ful protocols are first followed to derived from the source before act-
comport with consent requirements. ing in reliance upon it.
Thereafter, all audio, video, written,
or other tangible evidence obtained B) Finally, the interviewer and his
during the questioning session must or her team should review the tech-
be identified and secured to assure niques employed during the ques-
its integrity and foundation for future tioning session and consider poten-
judicial proceedings. tial improvements in professional
APA Magazine 2020, 53 (2) 59
SPECIAL FEATURES

methodology so that the team’s next through social influence is rapport-


questioning session will be even centric, grounded in evidence-based
more effective than the last. questioning, and brutally honest. It
is demonstrably useful when culti-
Conclusion
vating broad intelligence about an il-
A direct approach that is thoughtful- licit enterprise that transcends mere
ly executed in accordance with this admissions by an individual about
five-phase strategy and reinforced their own misconduct.

60 APA Magazine 2020, 53 (2)


SPECIAL FEATURES

ESS-M Cheat Sheet


Raymond Nelson and Mark Handler

1. Feature extraction
1. Suppression or reduction of respiration activity
2. Electrodermal amplitude or vertical distance from response onset to response
peak
3. Cardiovascular increase slow wave (blood pressure) vertical amplitude from on-
set to peak
4. Vasomotor reduction of fingertip capillary blood volume

2. Numerical transformation and data reduction


1. Assign 3-position values [+, 0, -] using the bigger-is-better rule and double all
EDA values to +/- 2
• Select analysis subtotals (spots), per the question format
2. Score only timely reactions
• Evaluation Window is from question onset to 15 seconds after onset
• Response Onset Window ends 5 seconds after the verbal answer
• .5 second latency – do not score responses that begin during the latency
period
3. Do not score artifacted data segments
APA Magazine 2020, 53 (2) 61
SPECIAL FEATURES

3. Likelihood function.
1. Determine the alpha level
• Alpha = .05 for deception and alpha = .05 for truth-telling
• Can be adjusted for the mission objectives and priorities of an agency or
high interest case
2. Determine the strength of the prior information (equal prior is nearly always the
optimal prior absent compelling evidence or reason)
3. Select the correct reference table
4. Determine the cutscores (parentheses indicate the use of a statistical correc-
tion)
• Single issue exams: +3 / - 3 (-7) with statistical correction with deceptive
subtotals as stage two
• Multiple issue screening exams: (+1) / -3 with statistical correction with
truthful subtotals

4. Interpret and report the results


1. Numerical scores
• Grand total score and grand total cutscore (single issue exams only)
• Lowest subtotal score and subtotal cutscore
2. Probability result – Bayesian analysis
• Bayes Factor (magnitude of change in the strength of information)
• Posterior odds of deception or truth-telling (also the posterior probability)
• Lower limit of the (1-alpha) x 100% Bayesian credible interval
3. Categorical result – select the decision rule for single issue or multiple issue
exam
• Single issue exam = GTR or TSR (every question inherits the result from the
exam)
• Multiple issue exam = SSR (exam inherits the result from the lowest subto-
tal, then parse the results for other RQs)
62 APA Magazine 2020, 53 (2)
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4. Narrative summary explanation of the analysis and analytic result (what can
be reasonably said in human language about the meaning of the numerical and
probabilistic results?)
• Beginning – what kind of analysis was done. What needs to be understood
in order to understand the analytic result.
• Middle – parameters for the analysis
• What was done during the analysis
• What decisions were made that could affect the analytic results – no
undocumented input parameters
• Alpha boundaries, Prior probabilities and Decision rules
• Single issue exam: GTR or TSR
• Multiple issue exam: SSR
• Ending – analytic result
• Numerical scores
• Grand total (single issue exams only) and grand total cutscore
• Lowest subtotal score (if used) and subtotal cutscore
• Use of a statistical correction for multiplicity
• Single issue exams: statistical correction for deceptive
classifications
• Multiple issue exams: statistical correction for truthful clas-
sifications
• Bayes Factor – magnitude of increase in the strength of information
• Probability results
• Odds of deception or truth-telling (systematic error estimate)
• Lower limit of the (1-alpha) x 100% Bayesian credible interval
(random error estimate)
• Categorical result
• DI/SR
• NDI/NSR
• INC/NO
APA Magazine 2020, 53 (2) 63
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64 APA Magazine 2020, 53 (2)


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Untold Stories of Polygraph; Losing One of Your Own


Detective Desiree Wuthenow
Maine State Police

April 3, 2019 started like any other day. the words, “Ben has been in an accident
Needless to say, nothing would be the and he is dead”. I don’t remember hear-
same for our unit or our agency. I had ing much else because in my mind I was
started out the week much like usual. thinking “What do you mean? Am I dream-
I was off on Monday’s and returned to ing? This doesn’t happen!” I was informed
the office on Tuesday. I had scheduled that Ben had stopped to check on a mo-
a polygraph for a smaller department re- torist who had gone off the road on I95
garding a criminal case they were work- and was struck by a tire that came loose
ing and our subject decided they did not from a tractor trailer. The chances of this
want to come see me for a polygraph. In happening are less than someone being
these cases, my feelings are never hurt. struck by lightning. None of the infor-
That meant some extra time to prep for mation made sense to me so I got in my
a pre-employment for our agency for the cruiser and headed North.
following day.
Our Polygraph Unit is a small, unique
Wednesday morning came and I was group. It consisted of myself, Ben, our
checking things off my to-do list when I supervisor and a Lieutenant. Every day
received a phone call from my supervisor. we check in with our supervisor, quality
Where I am located it was a rainy day but control each other’s work and be there for
up North they were getting hit with some support since there are only three of us
of winter’s last snow squalls. It is impor- within our agency who have the special-
tant to note that usually when the boss ties and qualifications to do Polygraph.
wants to talk, he will send a text asking Ben was fairly new to our unit, but he was
if I’m busy and if I can call him; not on doing great things. He had a way with peo-
this day. Shortly after answering, I heard ple that made them confess their darkest
APA Magazine 2020, 53 (2) 65
SPECIAL FEATURES

sins to him, and he would always do it present at the hospital. It wasn’t much
with a smile on his face. Ben was never longer after I arrived that Ben’s wife had
one to complain about anything, a quality entered with her parents by her side. I saw
I wasn’t sure how he had managed. a strong woman walk through the hallway
that day, realizing that her world was now
As I took the hour and a half drive up to turned upside down.
Bangor, I couldn’t help myself from cry-
ing, even though I couldn’t believe it. My In my short life of 31 years, I had been a
phone started ringing off the hook from witness to and dealt with lots of death in
other co-workers asking if I had heard my personal life. Each one bearing differ-
the news and asking if I needed any- ent circumstances and each death bring-
thing. What I needed was for this day to ing back the feeling that life is short, so I
be a dream. The ride North was slow go- better live it. The role I take in my family
ing with the snow and multiple accidents is the caretaker; I protect and take care of
that other Troopers and outside agencies the small details and make sure that ev-
were handling. eryone is eating and sleeping in the days
after death. My family was susceptible
I remember driving by the scene of the to death therefor we were no strangers
accident which was Southbound as I was to the feelings and although grief would
traveling North. I couldn’t bring myself to strike us at unusual times, we carried
stop. There were multiple cruisers and a on. I was also no stranger to death in my
large tractor trailer truck sitting alongside professional career. I had been a part of
the road. Each person doing their part of the Evidence Response Team for 5 years
reconstructing the accident and talking and been a Detective working with Major
to witness’. I continued to the hospital. Crimes for 3 years. I worked many death
scenes and dealt with families, again a
When I arrived, I was directed towards a role of protecting and carrying on.
hallway of Troopers and Command Staff
who were outside the room of Detective Seeing Ben’s wife that day had changed
Ben Campbell. I stood in the hallway pa- everything I was used to when dealing
tiently waiting for my supervisor to arrive, with death. The circumstances were not
there was no chance of me going in alone. fair; he had been doing something we had
As my supervisor entered, a flood of emo- all done as Troopers hundreds of times.
tions came over me and the time had So why him and why today? But that is
come to see that today was not a dream. the thing about life, there are things that
happen that we can’t explain, and we
I was grateful for the other Troopers and can’t use a polygraph to see the clear an-
Supervisors who had handled next of kin swer. One thing I knew for sure, Ben’s wife
notification and who were handling the was going to make it; she was going to
scene. It took most of my energy to be be strong for her 6-month-old son and for
66 APA Magazine 2020, 53 (2)
SPECIAL FEATURES

herself. Seeing her speak at Ben’s funeral for that I am grateful. I also know that life
gave me hope. is short and tomorrow is never promised,
so I’ve hugged my loved ones a little tight-
So, what has the last year looked like er and held on a little longer.
for our unit? It has been dark; the exams
have been tough and the requests haven’t
My advice to the new examiners, and
slowed down. But now, we are seeing the
those who have been doing it a long time,
light at the end of the tunnel. I’ve tried to
keep the mentality that Ben would have give yourself a break and know that you
had; smile and don’t complain. I’ll admit, have a rewarding career that will be there
it is still a work in progress. I know that even after you give yourself some time to
the work we do is for the greater good and breathe.

APA Magazine 2020, 53 (2) 67


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Symptomatic Questions Should be Deleted: Data Matters


Richard Keifer1

Symptomatic questions have been pres- supporting data and with clear evidence
ent in polygraph formats since 1962. Since showing they provide no useful informa-
that time many of the early assumptions tion as may contribute to error, will begin
regarding polygraph have been proven or to raise questions about the ethics and
disproven through research. The assump- science of polygraph testing.
tion that symptomatic questions are nec-
essary to account for outside issues has Symptomatic questions are currently
not been supported by research. There is present in some formats. Their inclusion
substantial research evidence that symp- in a format is often been misinterpreted
tomatic questions have no effect on va- as having some essential functions as
lidity in any format nor are they able to de- well as being essential to reaching valid
tect the presence or absence of outside conclusions. Extensive replicated data
issues. They do not reduce or prevent are present, and it is obvious that the in-
the occurrence of inconclusive results. clusion of symptomatic questions serves
Nor do they explain the occurrence of no purpose and has no effect on decision
inconclusive results. Research data sug- validity.
gests that there is a class of examinees
for whom the inclusion of symptomatic The wording of Symptomatic Questions
questions may contribute to substantial has been modified since Backster’s origi-
error. To use, instruct, or require inclu- nal formulation. Note that in the follow-
sion of symptomatic questions without ing symptomatic questions from United

1
Richard Keifer is a past President of the APA, and is in private practice, having retired from a career in Federal service.
There are no proprietary interests associate with this manuscript.

68 APA Magazine 2020, 53 (2)


SPECIAL FEATURES

States Army Military Police School (US- emerged to support that these questions
AMPS) in which Backster used the word can identify or document the presence of
“chart” instead of “test.” For review Symp- outside issues, that they produced the in-
tomatic questions have been phrased by tended effect on outcomes, or that a so-
USAMPS in 1981 as follows: lution using symptomatic questions was
more effective than solutions without
SYM1 USAMPS ”Are you complete- these questions.
ly convinced that I will not ask you a
question during this test that has not The concept of the symptomatic ques-
already been reviewed?” tion was accepted based on the weight
of Backster’s many contributions to poly-
SYM 2 USAMPS, “Is there something graph and was subsequently taught in
else you are afraid I will ask you a various schools. Symptomatic questions
question about even though I told you I have received some anecdotal support,
would not? but that is not evidence. Symptomatic
questions are currently present in some
Over time this language has been modi- formats. Their inclusion in a format is of-
fied and the Federal Examiners Handbook ten been misinterpreted as their being es-
now uses the following language: sential to reaching valid conclusions. Ex-
tensive replicated data are present, and it
SYM 1 Federal Examiners Handbook, is obvious that the inclusion of symptom-
“Do you believe I will only ask you the atic questions has no effect on decision
questions we reviewed?” validity.

SYM 2 Federal Examiners Handbook, In support of Backster’s theory Capps1


“Is there something else you are afraid concluded that the inclusion of two symp-
I will ask you a question about?” tomatic questions significantly reduced
inconclusive rates Capps findings have
Symptomatic questions were developed never been supported by subsequent re-
by Cleve Backster, when he hypothesized search. Instead subsequent analyses
the possible cause of test errors and in- have consistently failed to support the
conclusive results and attempted to pro- validity of a symptomatic hypothesis.
vide a remedy. One such remedy was the
symptomatic question. Two symptomat- In 2001, based on accumulated data from
ic questions were created to account for various studies, Krapohl2 concluded that
the possibility that outside issues could there were no practical empirical or the-
be more significant for an examinee than oretical reasons to base decision rules
the issues being tested. While the con- upon the presence or absence of symp-
cept appears to have some face validity, tomatic questions. Comments were pub-
scientific evidence has subsequently not lished by Cleve Backster and James Matte
APA Magazine 2020, 53 (2) 69
SPECIAL FEATURES

criticizing Kraphol’s methodologies, but Students should not be misled about the
no data was offered in support of their concepts and research data regarding
assumptions. To date, the overwhelming symptomatic questions and outside is-
data contained in the APA’s Meta- Analyt- sues. Teaching or requiring symptomatic
ic Surveys reveals no significant effect on questions in a format implies significance
accuracy or inconclusive rates using for- and requires data - not tradition. It is con-
mats with or without symptomatic ques- tradictory to teach what research states
tions. and require the inclusion of symptomatic
questions. If you include research data in
In Hont’s3 comprehensive study it was your instruction, the paradox for students
concluded that symptomatic questions is that symptomatic questions have no
cannot detect the presence of outside is- effect on validity and may be harmful, but
sues nor have any effect on validity. The students are required to use them. Teach-
study also created a truthful group with ing or requiring the use of symptomatic
an outside issue. Honts further stated questions promotes potential harm to
symptomatic questions created signifi- examinees, introduces confusion into un-
cantly more false positives when includ- derstanding polygraph’s basic concepts,
ed in a format with truthful subjects who encourages scientific criticism, and
were programed with outside issues. The wastes students time and money.
frequency of outside issues has never
been documented in research. Permitting APA has created a problem for itself with
a question known to be ineffective for any the continued requirement for use of symp-
purpose and also harmful a certain group tomatic questions despite substantial ev-
of examinees is ethically questionable. idence that the symptomatic hypothesis
is false. Continued reliance on hypothesis
There is no justification for using symp- that are known to be false is a hallmark of
tomatic questions. Implementing re- pseudoscience. Moreover, symptomatic
search into practice is fundamental to questions may actually prove provoca-
progress. When robust reliable evidence tive, or confusing and therefor problem-
is present professionals should be flex- atic for some examinees. The solution
ible and accommodate it into practice. to this problem is to begin to permit the
There is an ethical obligation and a duty removal of symptomatic questions from
to examinees to use the best proven all formats in which they are traditionally
methods. It is ethical to teach the con- required. The American Polygraph Asso-
cept of outside issues, because they may ciation’s Standards of Practice allows the
exist and may influence the validity of an use of numerous formats associated with
examination. To go further and teach that the validated Comparison Question Tech-
symptomatic questions have value is to nique. The APA should encourage ethical
step outside the ethical boundaries of ev- conduct and evidence-based practices by
idence-based practice. its members. Continued use of symptom-
70 APA Magazine 2020, 53 (2)
SPECIAL FEATURES

atic questions will be an inevitable topic any profession is dependent on the vali-
for discussion. dation of its processes through research
data. Continued instruction or require-
Summary ments for the inclusion of symptomatic
questions in any format is ethically ques-
There is substantial valid research evi-
dence that symptomatic questions are tionable and effort must be devoted to
ineffective and potentially harmful. Li- the modification of existing practices to
ability concerns may arise depending on avoid reliance on false hypotheses, in-
the consequences of error. The growth of cluding symptomatic questions.

APA Magazine 2020, 53 (2) 71


SPECIAL FEATURES

References

1 Capps, M.H., Knill, B.L., & Evans, R.K. (1993). Effectiveness of the symptomatic ques-
tions. Polygraph, 22 (4), 285-298. “

2 Krapohl D.J. Ryan A.H. A Belated Look at Symptomatic Questions. Polygraph, 2001,
30(3). A Response to Krapohl & Ryan’s “Belated Look at Symptomatic Questions”
Cleve Backster. Comments on Krapohl & Ryan Criticism of Capps, Knill & Evans
Research on Symptomatic Questions James Allan Matte

3 Honts, C.R., Amato, S., & Gordon, A. (2004). Validity of the Outside-Issue Questions in
the Control Question Test. The Journal of General Psychology 2004 131(1), 53-
74F

4 American Polygraph Association (2011). Meta-analytic survey of criterion accuracy of


validated polygraph techniques. [Electronic version] Retrieved, from http://www
.polygraph.org. Appendix B

72 APA Magazine 2020, 53 (2)


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Counterpoint on Symptomatic Questions


Raymond Nelson

Richard Keifer, in this issue, presents a appeared to support the symptomatic


forthright argument in favor of the remov- hypothesis and the use of symptomatic
al of symptomatic questions. He cites the questions. However, recalculation of the
trend of scientific evidence that has failed reported chi-squared contingency statis-
to support the symptomatic hypothesis tic, using the R Language for statistical
and intended effects – identification of
computing showed that X2 (1, n=150) =
outside issues, explanation of inconclu-
3.4282, p= .06409. This was not statisti-
sive results, and reduction of inconclu-
sive results. Keifer did note that one early cally significant at the α= .05 level. Be-
study, by Capps, Knill and Evans (1993) – cause these results are inconsistent with
who reported at the time that there was the reported conclusions of Capps, Knill
“immense skepticism” about the contin- and Evans, the analysis code is included
ued use of symptomatic questions – that here:
# Capps Knill Evans (1993)
# all cases
DAT_all <- as.table(rbind(c(71,63),c(4,12)))
# N=150
dimnames(DAT_all) <- list(result=c(“conclusive”, “inconclusive”),
symptomatics=c(“with”, “without”))
chisq.test(DAT_all)
# Data: DAT_all
# X-squared = 3.4282, df = 1, p-value = 0.06409

Capps, Knill and Evans also reported the Algorithms will make use of only the rel-
comparison of examiner results with evant and comparison questions and will
computer algorithm results for cases make no use of symptomatic questions.
with and without symptomatic questions. Significant differences in these analyses
APA Magazine 2020, 53 (2) 73
SPECIAL FEATURES

would suggest that the mere inclusion of tically significant. Chi-squared analysis
symptomatic questions in the test ques- of the cases without symptomatic ques-
tion sequences would induce an observ- tions show that X2 (1, n=75) = 1.386, p
able effect. However, chi-squared analy- = .2391 which was also not statistically
sis of results for the cases with symptom- significant. Analysis code is shown below
atic questions showed that X2 (1, n=75) = for readers who may wish to reproduce
0.38849, p = .5331 which was not statis- the chi-squared calculations.
# cases with symptomatics
DAT_wSympt <- as.table(rbind(c(41,30),c(45,25)))
dimnames(DAT_wSympt) <- list(result=c("examiner", "algorithm"),
symptomatics=c("di", "ndi"))
# N=75
chisq.test((DAT_wSympt))
# data: (DAT_wSympt)
# X-squared = 0.38849, df = 1, p-value = 0.5331

# cases without symptomatics


DAT_woSympt <- as.table(rbind(c(37,26),c(47,20)))
dimnames(DAT_woSympt) <- list(result=c("examiner", "algorithm"),
symptomatics=c("di", "ndi"))
# N=75
chisq.test((DAT_woSympt))
# data: (DAT_woSympt)
# X-squared = 1.386, df = 1, p-value = 0.2391

Expected variation in the data reported ies subsequent to Capps, Knill and Evans
by Capps, Knill and Evans (1993) is within have failed to support the effectiveness
the expected range of random or uncon- of symptomatic questions. This was
trolled variation and cannot be attributed summarized by Krapohl and Ryan (2001).
to the symptomatic questions. Data were
not sufficient to reject the null hypothesis It seems that controversy over symptom-
that there is no difference between the atic questions is nothing new and goes
analytic results of a computer algorithm, back in nearly three decades of publica-
which made no use of symptomatic ques- tion and study. The totality of evidence
tions, and human examiners, who may seems to converge at the conclusion that
have attended to symptomatic questions they are not effective. Why then do we
in unstructured ways that are outside the continue to use symptomatic questions?
scope of the numerical scores.
One possible reason we may use symp-
The practical implication of this is that tomatic questions is for rapport. Superfi-
the symptomatic hypothesis and symp- cially this may seem OK, but upon careful
tomatic questions appear to be without thought it is actually absurd to suggest
any supporting scientific evidence. Stud- that we can use a polygraph question to
74 APA Magazine 2020, 53 (2)
SPECIAL FEATURES

test for rapport while also testing for de- some test formats were developed with
ception. Without some form of objective their inclusion and cannot be altered. The
analysis this use of symptomatic ques- argument here is that alternation of the
tions would be consistent with a “clinical” format – by the omission of symptom-
procedure – in which manner of analysis atic questions – would fundamentally
is unstructured expert judgement. Wher- alter the synergistic “magic-sauce” of the
ever structured analytics methods exist technique. This, rather superstitious, view
they have outperformed unstructured of the polygraph seems to suggest that
expert judgement ever since Meehl and RQs and CQs would not work as normally
Rosen (1954), in psychology, medicine, expected if there were no symptomatic
forensics, and risk assessment. Clinical questions in the sequence. This seems to
methods remain highly useful when there harken back to the days in which a “poly-
is an absence of structured method for graph technique” was thought of as ev-
the integration of various types of infor- erything that an examiner does and says
mation in support of a professional con- from the beginning of the pretest inter-
clusion. More importantly, from a field view to the end of the post-test interroga-
practice perspective, if an examiner has tion.
not achieved the correct amount, or effec-
tive, rapport with an examinee at the time To be clear, it was useful for the pioneer
of question formulation then it is unlikely developers of polygraph techniques to at-
that symptomatic questions will either tempt to systematically integrate every
correct an ineffective rapport or alert an aspect of the polygraph procedure into
examiner that they have ineffective rap- an organized framework. Several differ-
port. It is simply too late. ent polygraph techniques emerged – of-
ten named after their developers or agen-
Another argument for the continued use cy. As it happens, the initial perceptions
of symptomatic questions is that they among devotees of the various “schools
seem to work – anecdotally. The num- of thought” may have at first tended to
ber of those anecdotes is trivial in com- think of their methods as very distinct
parison to the number of examinations. from the methods used by devotees of
They can easily be attributed to random other schools of thought – sometimes
or uncontrolled factors or idiosyncrasies acting as those others speak a different
of some individuals. For the symptomatic polygraph language and are wrong in their
hypothesis to be a valid hypothesis we assumptions and methods. The most
would require the kind of effect sizes that obvious remnants of these schools of
we can expect to observe for most people thought are the MGQT and ZCT formats.
most of the time. What tends to occur in the ensuing years
is that we notice differences at first, and
Another possible reason for the contin- then begin to notice similarities between
ued use of symptomatic questions is that different polygraph techniques. Eventu-
APA Magazine 2020, 53 (2) 75
SPECIAL FEATURES

ally we begin to study and talk about and symptomatic questions – have shown ef-
understand the “ideal case” in which we fect sizes that equally or exceed those of
can recognize and extract the core and thee essentially equivalent to the Federal
fundamental elements from the differ- formats – which include symptomatic
ent evolved examples of the comparison questions.
question test – and we realize they are
fundamentally the same. Science, and scientific validity, is reduc-
tionistic. Systems are complex and diffi-
ZCT formats and MGQT formats today cult to study as a whole. So, we reduce
are fundamentally a matter of RQs and a complex system to component parts. If
CQs, repeated several times, preceded we ensure that each of the components –
by a structured or semi-structured inter- including assumptions and procedures –
view that proceeds through a coherent is valid, then we can be more assured that
and similar set of objectives. The theory the system itself is valid. Inclusion of any
and analysis of the ZCT and MGQT are component that is premised on a false
essentially the same – evaluation of hypothesis can begin to prompt concerns
greater changes in physiological activity about pseudoscience. If the system is val-
at RQs or CQs that occur as a function id without a false hypothesis, then there
of deception or truth-telling in response is questionable rationale for including the
to the RQs. Today we have a more fully false hypothesis into the system.
developed theoretical understanding of
the fact that the important difference in In retrospect, it is possible that the intro-
any polygraph technique is not the name duction of symptomatic questions in 1962
of the technique but whether the RQs are helped to advance the polygraph profes-
formulated with an assumption of inde- sion in ways that are not accounted for by
pendent criterion variance. the scientific evidence on effect sizes for
the symptomatic hypothesis and symp-
All attempts at review of the scientific tomatic questions. It is possible that the
literature have shown no differences be- actual effect of these questions was to
tween the effect sizes of CQT formats impose better professional discipline at a
with symptomatic questions and those time of fragmentation among polygraph
without – which undermines the syner- techniques and field practices. From the
gistic magic-sauce argument. The Ca- published record – the Kubis (1962) study
nadian format (CPC/RCMP A Series) is at Fordham University on numerical scor-
effectively the same as the Utah format, ing and the feasibility of using computers
and closely resembles a Federal ZCT in polygraph data analysis, funded by the
but without the second symptomatic at Rome Air Development Center, Air Force
question 8. It has shown effect sizes that Systems Command USAF – we know that
equal or exceed those of the Federal for- the U.S. government was aware of the CQT
mats. Utah formats in general – with no and interested in both numerical scoring
76 APA Magazine 2020, 53 (2)
SPECIAL FEATURES

and computer use. We know from history polygraph test would be to ask surprise
that U.S. Army Military Police School was and unreviewed questions. To some early
interested in both the CQT, first described field practitioners this may have seemed
by Summers (1939) and popularized by a reasonable thing to do if the only priority
John Reid beginning in the 1940s, and is to induce a reaction to a CQ. Moreover,
numerical scoring, popularized by Cleve some topics are more likely than others
Backster beginning in the 1960s. to elicit emotion, including guilt shame,
embarrassment and fear. So, imagine the
It is possible that Cleve Backster’s devel- temptation of a mid-century polygraph
opment of symptomatic questions helped examiner to ask unreviewed personally
to solve a very real problem as field prac- invasive and embarrassing questions in
titioners began to work with (read: ex- attempt to formulate an effective CQ. Al-
periment with) CQs in an absence of ade- though the rationale may have been co-
quate standards and training in their use. gent to examiners, it might prompt some
The goal of any CQ is essentially to dis- rather deep concerns about the ethics of
tract the attention and induce a reaction the polygraph among the public, news
from the examinee – with the assump- media, legislators, psychologists, and sci-
tion that deceptive persons will, due to entists – the kind of deep concerns that
a combination of psychological factors, linger for many decades.
continue to devote a great amount of at-
tention to the RQs in attempt to conceal From history, one of the things we know
their deception. In contrast, truthful per- is that Cleve Backster was an advocate
sons will know that they are truthful to of standardization. He also taught and
the RQS and will be more easily induced advocated that there should be no unre-
to react to the CQs. We can observe this viewed questions during a polygraph ex-
phenomenon in the analytic theory of the amination. Cleve Backster was correct
CQT – that greater changes in physiologi- on this, and his tenaciousness helped the
cal activity are loaded at different types polygraph profession. And it is possible
of test stimuli as a function of deception that underneath the layers of field prac-
or truth-telling in response to the relevant tice, standardization, and hypothesizing
target stimuli. about outside issues and inconclusive
results is a fundamental and important
The essence of a CQ – especially proba- ethical concern about the temptation to
ble lie CQs – is often initially confusing to make use of unreviewed personally inva-
untrained persons. During the early 1960s sive and embarrassing questions not re-
the emphasis in psychological discussion lated to a matter under investigation.
about the polygraph was on emotion –
specifically fear and related strong emo- It is possible that the real value of symp-
tions like guilt, shame or embarrassment. tomatic questions is that they imposed a
An easy way to induce emotion during a standardized order and discipline among
APA Magazine 2020, 53 (2) 77
SPECIAL FEATURES

polygraph professions – that there are no solutions going to help us with the prob-
questions during a polygraph test that have lems of today and tomorrow? Another,
not been carefully reviewed. The question equally important question is this: what
that Richard Keifer asks is this: is contin- field practices today will help to advance
ued use of symptomatic questions help- and prepare the polygraph profession for
ing the profession today? Are yesterday’s the future?

78 APA Magazine 2020, 53 (2)

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