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PROFESSIONAL REGULATION COMMISSION

BOARD OF CRIMINOLOGY
TABLE OF SPECIFICATIONS FOR THE SUBJECT: CRMTC 6
(New Examination Syllabi Series 2009)

Cluster/Subject/Competency Weight

5. LIE DETECTION 1.5%

5.1. Know the basic role of polygraphy in crime detection .2%


and investigation

5.2. Discuss the significance of studying the human .3%


nervous system physiology in relation to lie detection

5.3. Define the principles of each scientific methods of .2%


detecting deception in relation to crime investigation

5.4. Apply the legal implication and limitation of polygraph in .8%


criminal investigation and other aspects of law
enforcement
CHAPTER 1

KNOWN METHODS OF DECEPTION DETECTION

A. Ancient methods
B. Observation methods
C. Hypnotism
D. Word association test
E. Narco-Hypnosis and Narcoanalysis (TRUTH SERUM)
F. Intoxication
G. Psychological Stress Evaluation
H. Brain Wave Fingerprinting
I. Polygraph test technique

ANCIENT METHODS OF DETECTING DECEPTION

1. Red Hot Iron Ordeal

Practiced in the hill Tribe of North Bengal. The accused had to carry
a bar of red-hot-iron in his hands while he walked nine marked paces. In
the unlikely event of no burns appearing on his hands, he as adjudged
innocent. Otherwise, he was hanged promptly. A variation of licking the
red-hot-iron or the suspect has to run barefooted and blind folded over red-
hot plowshares.

2. Ordeal by Balance

Practiced in the Institute of Vishnu, India. A scale of balance is used,


in one end of the scale the accused is placed and in the other end is a
counter balance. The person will step out of the scale and listen to a judge
to deliver an exhortation on the balance and get back in. If he was found
lighter than before, then should be acquitted.

3. Ordeal by Water

In this type of ordeal, the water was symbolic of the flood of the Old
Testament, washing sin from the face of the Earth, allowing only the
righteous minority to survive.

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a. Boiling Water Ordeal – According to the laws of Athelstan, the
first king of England, the ordeal of the boiling water consisted of
lifting a stone out of boiling water, with the hand inserted as deep as
the wrist. More serious offenses demanded that arm was submerged
up to the elbow. The burn was bandaged for three days before
fateful examination.

b. Cold Water Ordeal – the person allowed the ordeal of cold


water, the usual mode of trial for witchcraft, was flung into a body of
water. In this ordeal, the accused was tied a feet and hands and was
lowered to cold water by rope. This rope is tied around the
defendant‘s waist and had a knot a particular distance from the
torso. If both knot and accused dipped beneath the surface of the
water, the accused was proven innocent. If the know is dry or if the
water refused to receive him, the defendant was guilty.

4. Ordeal by Rice Chewing

It is performed with a kind of rice called sathee, prepared with


various incantations. The person on trial eats the sathee, with the
face to the east and then spits upon a pea leaf. If saliva is mixed
with blood or the corner of the mouth swells or he trembles, he is
declared to be a liar. Indian practice this ordeal.

5. Trial by Combat

The aggrieved party claimed the right to fight the alleged


offender or to pay a champion to fight for him. The victor is said to
win not by his own strength but because of supernatural powers that
had intervened on the side of the right. If still alive after the combat,
the loser might be hanged or burned.

6. Test of the Eucharist

This was applied chiefly among the clergy and monks. When
they took the host it was believed among that God would smite the
guilty with sickness or death. Others believe that if the accused is
innocent, when given a poisonous drink for him to taken in, Angel
Gabriel will descend from heaven to prevent the accused from taking
in the poisonous drink.

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7. Ordeal of the Bier

It was an ancient belief that the slain dead could point out their
killer. In England, it was customary for t he accused to approach
the bier where the corpse lay. In the view of the witness, the wounds
of the victim were observed to see if they began to bleed again.
They believe that when murderer is near, he will cause the blood to
flow out from the wound of the victim.

8. Ordeal of the Needle

A red-hot needle was made to pierced the lower lip of the


alleged criminal and if blood flowed from the wound, he was deemed
guilty; but if none, he is innocent.

9. Ordeal by Heat

The accused walked barefoot over red hot coals, or made to


walk through fire, if he was unharmed, he was considered innocent.

10. Ordeal of the Tiger

Practiced in Siam, the accused and accuser are place inside a cage
of a tiger, if the tiger spare one of them, he is considered innocent.

OBSERVATION METHOD

A good criminal investigator must be been observer and a good


psychologist. A subject under stress on account of the stimulation of the
sympathetic nervous system may exhibit changes which may be used as a
potential clue of deception and since just one or a combination of the
following signs and symptoms is not conclusive or a reliable proof of guilt
of the subject, their presence infers further investigation to ascertain the
truth of the impression in the same manner. Observation had long been
practice as a means of detecting several symptomatic reactions, however
it is not a conclusive as criteria for the establishment of guilt or innocence
as the highly nervous system may also exhibit the same reaction. While
learned to control the muscles of their face and body may present a poker
face in an attitudinal innocence. Facial expressions and postural reaction
are suggestive of deception when manifested by a criminal suspect under
interrogation.

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Verbal Clues. This clues to deception includes the words that are spoken,
speed of delivery of the words, choice of words, tone of voice and the
tense of the language. The following are included as verbal clues:

a. Methods of responding to the question – The way the respondent


answers questions is clue to deception. In general, truthful people
tend to be direct; untruthful people tend to be cautious about their
answers.

b. Length of time before giving response – In general, truthful persons


answers questions immediately after the question is asked;
untruthful persons take their time in giving response. An awkward
silence or a delaying tactic, such as ―who me‖ or ―why would I do
that?‖ May be used by the respondent.

c. Repetition of question – The act of repeating the question is another


means for the deceiver to gain time to frame his or her answer. The
question may be repeated word per word, or the respondent may
frame the answer with a request to repeat the question. Example:
―Are you asking me if I took the bribe?‖

d. Fragmented or incomplete sentences – Untruthful persons often


speaks in disjointed or curtailed sentences. This is usually because
he has started the answer, then thought better of it. Statements such
as ―I…I…. can‘t think…. It seems to me… can be a clue of lying.
Many liars will speak half-truth as well, and add qualifiers, such as
―…to the best of my memory…‖ or ―…. If I recall correctly‖.

e. Being overly polite – Anger is a common response to an unjust


accusation, as well as answering the statement with abrupt ―no‖.

f. Oaths – lying persons will frequently utter oaths, such as ―I swear to


God I didn‘t do it‖ or I swear on my Father‘s grave‖. Most truthful
people do not need to swear or affirm: they are ardent in their
denials.

g. Use of words – As a general rule, truthful subjects have no trouble


denying the allegation in precise terms, while untruthful ones will
have problems with the used of words. Untruthful suspects also tend
to deny specific instances. Example: ― I did not take P 5,000.00 in
kickbacks‖. That may be a truthful answer; perhaps the amount was
P 100,000.00.

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h. Inconsistencies – Contradicting testimonies made by the witness are
one of the best indicators of dishonesty; liars get caught up in their
own web of deceit. In the interview or interrogation, if Pedro says
that he meet Juan for drinks, and then later denies the same
statement, there can be two explanations; he was mistaken, or he
was lying.

Non-Verbal Clues. These encompass patterns in the body movements,


gestures, facial expression, body postures, positioning and movements
used to explain chosen words. It includes the following:

a. Emblems – emblems are often performed deliberately, these are


expressions made with the body, whose meanings are clearly
understood. Here are examples of emblems: shaking or nodding of
head, shrugging the shoulders, the universal ―thump up sign‖, etc.

b. Manipulators – These are usual behavior or touching one‘s self like


grooming the hair, and picking imaginary fur from a coat. Props, like
cigarettes, pencils and others can be used in the manipulation.
Social scientists have documented that body movements, fidgeting,
and other behavior arise with stress.

c. Breathing – although breathing is an involuntary movement,


breathing is very much affected by stress. This stress may have
nothing to do with lie. But an increase in breathing rate or volume
may be a sign of deception.

d. Sweating – this is another uncontrollable body function. Perspiration


occurs with heat as well as with emotion. The rate of perspiration is
not the same for all emotions, such as fear and anger. Too much
sweating could very well indicate an involuntary reflex with
deception.

e. Frequent swallowing – A dry mouth frequently accompanies deep


emotion. Often subject is not aware of increased efforts at
swallowing. During the time of critical question, increased
swallowing might indicate deception.

f. Facial Muscles – other muscles are not easy to control but people
can control certain facial muscles with spirit. Example, to force a

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smile is easy, but even beginners will notice something is wrong
about it.

g. Eyes – the eyes most likely express as much emotion as any other
part of the anatomy. Blinking, pupil dilation, and tears are some of
the signs indicative of emotion in the eye.

h. Face – people believe that lies will commonly show up in the face
and eyes. The face can have two messages: what the liar is trying to
show as well as what he or she trying to hide. Reddening or
blushing of the face is supposed to be a sign of embarrassment and
can not be controlled. Such indicators may indicate strong emotion
but is not reliable sign of deception.

HYPNOTISM

Introduced by Franz Anton Mezmer as a method of detecting


deception in 1778.

It refers to the alteration of consciousness and concentration in


which the subject manifests a heightened state of suggestibility while
awareness is being maintained.

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The most popular methods involve are the past-memory regression
and memory enhancement. The first method is usually designed to
―unblock‖ something that is preventing the eyewitness from remembering,
and the second method is designed to better ―see‖ some details, such as
plate number.

In the United States, only when an accused person or eyewitnesses


suffers from a clear case of amnesia will the court consider the use of
hypnosis. Defense counsel usually calls for it (in the case of the suspects),
and is under an obligation to have the results or psychiatric testimony
corroborated by an independent third party. Hypnotically induced testimony
is inadmissible in court, and hypnotically refreshed or recollected
memories are highly controversial.

For the past two decades, the American judiciary has confronted the
admissibility of hypnotic evidence in criminal prosecutions. These courts
have uniformly rejected the admissibility of out-of-court statements made
while an individual is in hypnosis. In contrast, the courts divided sharply
over the admissibility of hypnotically refreshed testimony. Some courts
adopted a per se rule of exclusion; these courts, however, also carved out
exceptions for testimony based on prehypnotic memory and testimony of
the accused. Courts admitting hypnotically refreshed testimony adopted
three different positions: (a) a "credibility" approach, which left the reliability
issue to the jury; (b) a "discretionary admission" approach, which left the
reliability issue to the trial judge; and (c) a "procedural safeguards"
approach. In addition, constitutional concerns played an influential role in
some of these cases. This diversity in the case law often resulted from a
judicial failure to understand the scientific research on hypnosis. Courts
have also considered the use of hypnosis as a basis for expert testimony
about an accused's mental state
(www.ncbi.nlm.nih.gov/pubmed/7737764).

WORD ASSOCIATION TEST

Here is another method of deception detection which was introduced


in 1879 by SIR FRANCIS GALTON.

Accordingly, this process is done by giving the subject lists of


carefully selected stimulus objects interspaced with other irrelevant objects
with the instruction to respond with the very first word that may come to the

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subject‘s mind. The answer of the subject could be YES or NO. The
examiner will now examine the time interval of the answer of the subject as
basis of deception.

The subject has the tendency to answer immediately when the


questions being asked are not related to the subject of the investigation.
But once the questions contain words related to the offense, the tendency
is the subject takes time to answer.

NARCO-HYPNOSIS AND NARCOANALYSIS (TRUTH SERUM)

The so-called ―truth serum‖ was introduced by Dr. Edward Mandel


House. This method involves intravenous injection or oral taking of various
drugs, such as sodium Amytal and Sodium Pentothal, to reliably produce
truthfulness. All such drugs inhibit control of the nervous system and
reduce inhibitions. All courts in the United States refuse to admit truth
serum evidence (State v. Pitts, 1989) ruling that it is not a valid scientific
technique.

Accordingly, this method is based on the theory that intervention thru


interrogation is made possible after the dosage of any of the drugs has
been properly administered. This depresses the cerebral activity to a point
of unconcsciousness. The objective of the test is to extract from the
subconscious mind, as the subject himself is ―half sleep‖

INTOXICATION

This method employs alcoholic beverages as stimuli to obtain the


truth. The subject whose statement is to be taken is allowed to take
alcoholic beverages to the point of intoxication point. When under the
influence of alcohol, the power to control is diminished and the investigator
begins asking questions. Interrogation must be made only during the
excitatory effect of alcohol.

Confessions or admissions made by the subject while intoxicated


are admissible if he is physically able to recollect the facts and state them
truly and exactly. But in most instances, the subject cannot recall his
utterances or usually refuses to admit the truth of the statement given.

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PSYCHOLOGICAL STRESS EVALUATOR

This is sometimes called voice stress analysis, is based on the use


of a certain machine developed in the late 1960s that presumably detects
―guilt-revealing‖ laryngeal micro tremors which exist in the voice and are
associated with stress and lying. Most research has produced negative or
mixed findings of a relationship between micro tremors and deception. Like
the polygraph, the key to success is the preparation of prepared test
questions. It is generally conceded that it is not admissible in civil and or
criminal cases and only useful in investigative settings.

PSYCHOLOGICAL STRESS EVALUATOR

BRAIN WAVE FINGERPRINTING

In the United States, Iowa judges are fond of admitting this


technique, even though Iowa is a state where the polygraph is outlawed.
The basic principle is that different regions of the brain light up when a
person tell the truth or lie, and further, that different regions are activated
depending upon the type of lie. However, researches conducted looks at a
specific type of electrical brain wave, called P300, which activates when a

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person sees a familiar object. For example, if a murder suspect is claiming
an alibi, then his P300 wave wont activate when he is shown the murder
weapon. The technology is promising in that the research indicates the
brain stores visual images.

In the P300 test, a subject wears a headband of electrodes and


faces a computer screen. In similar tests, a subject wears a helmet of
electrodes, and experts try to make interpretations from a record of what
area of the brain ―light up‖ or receive intensive flow. The technique doesn‘t
have anything to do with emotions, or whether a person is sweating or not;
it simply detects scientifically whether certain information is stored in the
brain.

Dr. Farwell Conducting a Brain Fingerprinting Test

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POLYGRAPH TEST TECHNIQUE

This last method is based upon the theory that once a lie has been
made or that an emotional-evoking stimulus has been given, a conscious
mental effort on the part of a normally conditioned person causes physical
and physiological changes in the body, which are capable of being
recorded, diagnosed and interpreted in a recording machine or instrument
called Polygraph.

Most people don‘t understand that a polygraph is only a machine


that reads physiological responses, such as heart rate, body sweat, and
not a device that miraculously ―knows‖ when someone lies. Poor
responses can occur for many reasons. Some people can trick the
machine, polygraph results are subject to operator error, and people
respond to stress in many different ways.

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POLYGRAPH

The word Polygraph is a combination of two Greek words, ―poly‖


which means ―many‖ and ―graph‖ which means ―writing chart‖. It is
commonly yet incorrectly referred to as a lie detector.

It is defined as a scientific instrument especially designed to record


psycho-physiological changes that occur within the body especially of lying
when questioned. It records the following changes:

 Blood pressure and pulse rate


 Respiration
 Perspiration or Galvanic Skin Resistance

The polygraph instrument it should be noted is not a ―lie detector‖


per se; i.e., it does not indicate directly whether a subject is being
deceptive or truthful. There is no known physiological response that is
unique to deception. Instead, a polygraph examiner obtains a subject‘s
responses to a carefully structured set of questions, and based on the
pattern of arousal responses, infers the subject‘s veracity. This
assessment has been called the ―diagnosis‖ of truthfulness or deception.

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POLYGRAPHY

It is the scientific method of detecting deception with the aid of the


polygraph instrument. It is administered by asking questions to the subject
to the case under investigation.

 DECEPTION – It is an act of deceiving or misleading usually


accomplished by lying.

 LYING – It is the uttering or conveying of falsehood or creating false


impression with the intention of affecting the acts or opinions of
others.

 DETECTION – The act of discovering the existence or presence of


fact of something hidden or obscure.

 EMOTION –In psychology, it signifies a reaction involving certain


physiological changes, such as an accelerated or retarded pulse
rate, the diminished or increased activities of certain glands, or a
change in body temperature, which stimulate the individual, or some
component part of his or her body, to further activity. The three
primary reactions of this type are anger, love, and fear, which occur
either as an immediate response to external stimuli or are the result
of an indirect subjective process, such as memory, association, or
introspection.

 FEAR – The emotional responses to specific dangers that appears


to be potentially beyond a person‘s defensive power. The lying
person fears detection of the lie causing psychological these
changes that can be recorded with the use of Polygraph machine.

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THE NERVOUS SYSTEM

Consist of the brain, the spinal cord, ganglia, nerve fibers and
sensory and motor terminals (motor endplates on striated muscle) these
are grouped into integrated system the central and autonomic. The main
functions of the system are to correlate the nerve impulses in the motor
centers thus acquainting the organism with the environments and
integrating the nerve impulses into appropriate or adopted responses. The
nervous system contains center for sensation, emotion, thinking and many
other functions. In short it deals with communications and the regulated
bodily activity.

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POLYGRAPH AND AUTONOMIC NERVOUS SYSTEM

Man in his earliest development was endowed in an emergency


system of nerves that reflexly and automatically prepared his body to meet
situations that threatened his well being. His health an survival depends on
the maintenance of a stable fluid and chemical balance in all the vital
organs of his body despite sometimes drastic changes in the environment
about him; this is referred to as homeostasis. The precision of the
physiological mechanics in the maintenance of this stability is incredible. In
the center of the brain is located a regulating mechanism that corrects the
slightest deviation from a particular standard within the very fine limits.
Sleep oxygenation of the blood body temperature levels of potassium,
sodium calcium, magnesium and all the essential chemical substances
that maintain the activity of the cell membranes are finely adjusted.
Medical authorities adjusted. Medical authorities discovered that the
autonomic nervous system is responsible for the regulation of all the
complex systems and that its central control is in the hypothalamus a
series of groups of nerve cells of the brain that control is in the entire
endocrine hormonal system. All of our involuntary reflexes those that we
cannot consciously control such as heart beat pulse rate increases and
decreases in blood pressure and the expansion and constriction of arteries
are governed by the autonomic nervous system. We do not have to think
about inspiration and expiration in order to breath our heart functions
without deliberation our sweet glands are not consciously regulated nor is
the flow of blood in our vascular system. When one of our senses detects
the threat to our well being it send a signals to the autonomic nervous
system which activates its sympathetic division regardless wither the treat
is physical or psychological.

When the sympathetic is activated it immediately prepares the body


for fight or flight by causing the adrenal glands to secrete hormones known
as epinephrine and nor epinephrine, so that the blood will be distributed to
those areas of the body where it is most needed to meet the emergency
such as the brain and the larger muscle groups. The chemical nor
epinephrine causes the arterioles in certain parts of the body to constrict;
thereby preventing blood from entering those areas where it is not
immediately needed. Certain portions of the body affected by the
sympathetic system can be felt or seen by the individual affected. For
instance an athlete may feel ‗butterflies‘ in his stomach just before an
athletic event. This is a result of the sympathetic system causing the
secretion of more epinephrine a hormone to constrict arterioles leading to
the stomach thereby significantly reducing the amount of blood normally
routed to the stomach that nauseated feeling of ‗butterflies‘. Constriction of

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arterioles in other parts also takes place within the sympathetic system
activates the secretion of nor epinephrine which in time affects the skin
capillaries in the same manner producing the pallor in the face so often
found in people experiencing severe fright as well as coldness or
clamminess of the hands and fingers due to the reduction in the volume of
blood in those extremities. Other obvious effects take place when
sympathetic system is activated. The heart pumps blood harder and faster
increasing blood pressure pulse rate and strength thus furnishing more
oxygenated blood to those areas of the body where it is vitally needed to
meet the emergency such as the brain increase mental activity is
demanded. Salivary glands in the mounts secrete in a different thicker
saliva that has less volume thereby causing a ‗dry mouth‘ which was a
well-known phenomenon to early civilization. The sympathetic system also
affects covert symptoms such as a tensing of the involuntary muscles that
in addition to causing constriction of the cardiovascular system causes a
tightening of the involuntary muscles in the stomach complex which
causes a less than average enlargement of the chest activity. Peculiarly
enough for those a few seconds there is a less than average air intake at a
time when the brain which consumes more that 75 percent of the total
oxygen intake of the body needs more than an average amount of the
oxygen because of the increase mental activity. Therefore stimulation‘s of
the lungs by the brain also cause some breathing changes.

The sympathetic system further affects nervous impulses in 1/1000th


of a second simultaneously stimulating sweat glands and recreation of nor
epinephrine. Perspiration is secreted immediately but the sweet glands use
acetylcholine not nor epinephrine as there chemical mediator. Nor
epinephrine is transported by the arterial blood flows making complete
circulation of the body in about one minute constricting arterioles that force
blood away from the skin surfaces in the outer extremities of the body
towards the larger muscle groups. The sympathetic system also causes
the iris of the eye to delete permitting more light to enter the eye, thereby
increasing our vision and awareness of our surroundings. It also affects
other organs of the body of less significance to the polygraphist such as
contraction of the anal and urinary sphincters relaxation of the bladder and
inhabitation of the small intestine. Within the autonomic nervous system is
another subdivision called the parasympathetic which functionally
antagonistic to the sympathetic system. Its role is to maintain the
homeostasis of the body necessarily for normal functioning. Therefore it
follows whenever the sympathetic activates the parasympathetic follows to
the reestablish the chemical balance of the body. Without the
parasympathetic system the pressure in the circulatory system could build
up so high as to an artery to rupture. Instead, he parasympathetic inhibits

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the heart and dilates the vascular system. It accelerates activity of the
stomach and the small intestine vasodilator the salivary glands relaxes the
anal and urinary sphincters and contracts the bladder.

The sympathetic and parasympathetic subdivision of the autonomic


nervous system is therefore responsible for maintaining the homeostasis
or stability of the body‘s internal organs. Their function is unlearned and
unconscious and forms the basis of all emotional and instinctual behavior.

All of the above physiological activity can be measured and


recorded. As a practical matter, however the polygraphist measures and
records breathing patterns, heart beat, pulse rate and strength, changes in
mean blood pressure and electro dermal responses in order to obtain
physiological evidence that the automatic nervous system have been
activated during a polygraph examinations in response to particular
question(s) on the test.

Both the sympathetic nervous system and parasympathetic nervous


system are continually active under stress the sympathetic nervous system
becomes more active than before the parasympathetic nervous system
less so (the balance of automatic activity shifts in the sympathetic nervous
system direction) vice versa when stress is over.

Obviously the structure of the polygraph examination must be such


that might interfere with the test.

The sympathetic division strengthens the defenses of he body


against various dangers such as lack of water extremes temperature and
energy attack. The effects of the sympathetic division upon specific organs
and structures are:

1. The heart rate and force of action is increased


2. The motion of the intestine is stopped:
3. Blood vessels of the intestine contract and increase the amount of
blood flowing:
4. Blood vessels of skeletal muscle dilate to allow increased blood flow:
5. Blood vessels of the skin contract;
6. Pupils of the eye dilate;
7. Sweating increases;
8. Salivary glands stop secreting saliva; and
9. Adrenal medulla is stimulated to pour out adrenaline to reinforce the
other actions of the sympathetic divisions.
10. Perspiration increases.

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The parasympathetic division carries on the ordinary housekeeping of
the body, restoring food reserves and observing the body‘s energy. The
effects of the parasympathetic division upon specific organs structures are:

1. Heart is slowed down;


2. Intestine stimulated to act;
3. Blood vessels of the intestine dilate;
4. Pupil of the eye constructs and
5. Various digestive glands stimulated to further digestion

FUNCTIONS OF THE PARASYMPATHETIC DIVISION

1. Constricts Pupil
2. Stimulates flow of Saliva
3. Slow Heart beat
4. Constricts Bronchi
5. Stimulates peristalsis and secretion
6. Stimulates release of bile
7. Contracts bladder

FUNCTIONS OF THE SYMPATHETIC DIVISION

1. Dilates Pupil
2. Inhibits flow of Saliva
3. Accelerates Heartbeat
4. Inhibits peristalsis and secretion
5. Stimulates conversion of glycogen to bile
6. Secretion of adrenalin and non adrenalin

Systolic pressure measures blood pressure when the heart contracts to


empty its blood into the circulatory system.

Diastolic pressure measures blood pressure when the heart relaxes and
fills with blood.

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THE PSYCHOLOGY OF LYING

A person‘s fear, anxieties and apprehensions are channeled toward


the situation which evoke his instinct of self-preservation to struggle out fro
the consequences of the wrong he had already done. His conscience is
bothered and his will power and emotions are perplexed and varied.

In Polygraphy, the physiological approach to all these lies are


governed by different types of test and control questions prepared and
formulated by the examiner. The test contains relevant questions which
are designed to pose a threat to the security of the guilty or lying subject.
The equally truthful subject, though accused, is assured of the reactions he
may exhibit during the whole polygraph examination by the careful
formulated questions.

TYPES OF LIAR

1. Panic Liar – A person who lies in order to avoid the consequences of


confession. He is a afraid of embarrassment to loved ones
and is a serious blow to his ego.

2. Occupational Liar – is someone who has lied for years. This person is a
practiced liar and lies when it has a higher payoff than telling
the truth.

3. Tournament Liar – A person who loves to lie and is excited by the


challenge of not being detected. He views an interview as
another contest and wants to win. He lies because it is the
only weapon remaining with which to fight. He wants people to
believe that the law is punishing an innocent person.

4. Ethnological Liar – a person trained not to be a squealer. This person


loves to be interrogated and has taken a creed never to reveal
the truth, the creed of underworld gangs.

5. Pathological Liar – a person who cannot distinguish what is right from


wrong. These are those who are mentally sick.

6. Black Liar – A person who always pretends and a hypocrite.

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KINDS OF LIES

1. Direct lie – a direct denial of the act in question that creates an


emotional sense of disturbance. This disturbance refers to the conflict
between what is true and the attempted deception that creates an internal
battle in the mind. Example: ―I did not do it‖. The vague response permits
the person to evade inner conflict while seeming to answer the question.

2. Lies of Omission – this type of lie that people usually used


because it is simple to tell. Individuals who will make use of this type of lie
will tell the truth while omitting details that could create possible troubles.

3. Lies of Fabrication – this is the most difficult type of lie a


subject could use in an interview.

4. Lies of Minimization – in this type of lie, individual will accept


that something has occurred but downplays the implication.

5. Lie of Exaggeration – Used to exaggerate things for they hope


of obtaining some advantage. This is also often found on resume, where
applicants exaggerate.

6. White Lie or Benign Lie – this is the most common kind of lie,it
is intended to protect or maintain harmony of friendship, at home, in the
office or elsewhere.

7. Pathological Lie – this is a lie made by persons who cannot


distinguish right from wrong. It must be said that those persons are
mentally sick, or of low caliber. In Polygraphy, impairment of the mind must
be established first before conducting any examination; otherwise the
examination will be useless.

8. Red Lie – This involves political interests and motives


because this is part of Communist propaganda strategy. This lie is
prevalent in Communist countries or Communist infested countries. This is
to destroy other ideologies by means of propaganda-brain-washing and
black-mail via espionage and treason.

9. Black Lie – a lie which accompanies pretensions and


hypocrisies, intriguing to cause dishonor of discredit one‘s good image.

PERSONAL NOTES OF NESTOR C. NABE


21
10. Malicious or Judicious Lie – this is very pure and
unjustifiable kind of lie. This is intended purely to mislead justice. The
probable result would be perjury and pure dishonesty to obstruct justice.

PERSONAL NOTES OF NESTOR C. NABE


22
Activity No. 1

Name:________________ Schedule:_______Date:______Score:_______

1. Briefly explain how the following can detect deception

a. Polygraph Test Technique


b. Brain Wave fingerprinting
c. Psychological Stress Evaluator
d. Narco-Hypnosis and Narcoanalysis
e. Word Association Test
f. Hypnotism

2. Discuss the reliability of observation method deception detection.

3. Briefly explain the relationship of Polygraph and Nervous System

PERSONAL NOTES OF NESTOR C. NABE


23
GENERAL USES OF POLYGRAPH

1. Criminal Investigation

It is a valuable tool for investigation. It provides fast means of


eliminating innocent suspects, gives clue about the identity of
criminal suspects, verifies statement of those who are involved and
saves a lot of time and effort during the process of investigation.

2. Pre-employment screening

It is the fastest and most accurate means of verifying the


statements of job applicants from derogatory remarks by a previous
employer who bears personal grudge against him.

It is the best way for a company to determine dishonest


employee who are responsible for company losses.

3. Periodic Screening

It is the best way for a company to determine dishonest


employees who are responsible for company losses.

4. Promotion

There are instances wherein the company has difficulty in


deciding between two or more candidates to be promoted.
Polygraph test helps to determine who is the most qualified as well
as employees‘ future intents against the company.

USERS OF POLYGRAPH IN THE UNITED STATES

The three segments of society that use the polygraph include law
enforcement agencies, the legal community, and the private sector. Their
uses are further described as follows:

1. Law Enforcement Agencies

Federal, State and Local Law Enforcement Agencies use the


Polygraph for both pre-employment purposes and as an investigative tool

PERSONAL NOTES OF NESTOR C. NABE


24
to either preclude or focus on an individual and their involvement with a
crime.

2. Legal Community

From the U.S. Attorney's Office and the local District Attorney down
to any lawyer representing a plaintiff or defending an accused, the
polygraph has become a tool which allows them to formulate a plan on
how to proceed with a case. It can be used as a tool to rule out a
suspected offender just as easy as it can cause an investigation to narrow
its focus. Many personal injury attorneys are now using the polygraph as a
screening tool on cases where they are likely to incur a significant out of
pocket expense.

3. Private Sector

The business sector is limited in its use of the polygraph due to the
restrictions and limitations established by the Employee Polygraph
Protection Act of 1988 (EPPA). Private Citizens, however employ the
polygraph in matters ranging from suspicions of infidelity to family law
cases involving child custody matters

THEORY OF POLYGRAPH EXAMINATION

When a mentally normal person tells a lie physiological changes


occurs within his body that could be recorded by the instrument and
evaluated by the examiner Based on the theory the polygraph test contain
relevant questions which are designed to pose a threat to the security of
the guilty subject and control questions which are designed to pose a
threat to the security of the innocent (truthful) subject.

A persons‘ fears, anxieties and apprehension are channeled towards


the situation which holds the greatest threat to his self-preservation or
general well-being.

PERSONAL NOTES OF NESTOR C. NABE


25
Activity No. 2

Name:___________________ Scheduel:______Date:______Score:_____

1. Explain why polygraph is considered as an important tool in criminal


investigation.

2. In the theory of Polygraph Examination, physiological changes


occurs within the body of a normal person when he tells a lie that
could be recorded by the instrument and evaluated by the examiner.
Are these changes always reliable indicators of deception?
Why/Why not? Defend your answer.

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26
FOUR MAJOR COMPONENTS OF THE POLYGRAPH

1. CARDIOGRAPH / CARDIOSPHYMOGRAPH

The cardiosphymograph component is to record the changes of the


blood pressure and pulse rate of the subject. It is composed of the blood
pressure cuff assembly, sphygmomanometer (BP) vent, resonance control
and recording unit. The blood pressure cuff assembly inflates the system
and a hose connects the blood pressure cuff through which the blood
pressure changes and passed into the recording unit. The
sphygmomanometer indicates the air pressure present in the system in
millimeters of mercury. The vent provides the means by which air in the
system can be released. The resonance control provided the means for
reducing or increasing the amount of air pressure to reach the tambour
(brass bellows) unit and thus reduce or increase the amplitude of pen
excursions. A centering control is provided for adjusting the tracing so that
the blood pressure pattern would be on the guideline. The recording unit
records the pulse rate and blood pressure changes on the chart paper
through a 5-inch recording pen.

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2 GALVANOGRAPH

The galvanograph component is to record the skin resistance of the


subject to a very small amount of electricity. It is composed of the finger
electrode assembly, amplifier unit, and the galvanometer-recorded unit.
The finger electrode connects the subject to the instrument in such a
manner that his skin resistance is a circuit element of the polygraph. It
consists of finger electrode plate with retainer bonds and connecting flug.
The amplifier it furnish current to operate the galvanometer. The recording
unit of the galvanometer converts the electrical energy to the mechanical
energy. Electrical current flowing through the galvanometer causes the
mechanical movement of a 7-inch recording pen. The over all function of
the galvanograph is to detect changes in the skin resistance of the subject,
amplify this change and record it on the chart.

Galvanic Skin Resistance (GSR) – A measure of physiological arousal


determined by the amount of decrease in the skin‘s resistance to electricity
purportedly due to an increase in sweat gland activity.

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3 PNEUMOGRAPH

The pneumograph component is to record the changes in breathing


of the subject. It is made up of two units; the pneumograph assembly is
composed of the rubber-corrugated tube and beaded chain tubing. The
pneumograph tube is attaced to the chest area of the subject and is locked
by a beaded chain. The pneumograph tube is around 10 inches long; one
end of which is sealed and the other end are connected to the instrument

PERSONAL NOTES OF NESTOR C. NABE


29
by a rather thick walled rubber tube considerably in diameter than the
pneumograph tube itself. The pneumograph convoluted tube expands and
contracts as the subject breaths.
The pneumograph recording unit consists of a frame, brass bellows,
crankshaft, center shaft, adjustable fulcrum, bearing with adjusting screws
pen centering control volume changes of the chest caused by breathing
transmitted by the chest assembly to the recording unit. These activities
the bellows which move forward and backward pushing the crankshaft.
The crankshafts apply a torque to the center shaft upon which the pen
cradle is attached. The forward and backward right movement is recorded
on the chart paper.

4 KYMOGRAPH

Kymograph component is a motor that pulls or drives the chart paper


under the recording pen simultaneously at the rate of 6 or 12 inches per
minute. It also a chart or paper feed mechanism. The chart must travel at a
uniform speed to facilitate valid interpretations. The parts composed of the
paper well writing table, paper guide rails, paper roller assembly with
sprockets, chart feed switch, AC power in put connector and all volt GC
synchronous motor.

PERSONAL NOTES OF NESTOR C. NABE


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Chart paper is driven past the recording penshaft at uniform speed
of 6-to 12 inches per minute. Chart rolls are about 100 feet holes spaced ½
inches apart. Paper is imprinted with horizontal lines ¼ inch interval (20
divisions) and vertical lines at 1/10-inch intervals with heavy lines at ½ inch
divisions across the paper represents 5 seconds of time. Pulse rate per
minute may then be computed by multiplying number of beats counted in
one division by 12.

CHART/POLYGRAMS – refers to the composite record of the


pneumograph, galvanograph and cardiosphymograph tracing recording
from one series of questions.

A chart roll is about 100 feet long, 6 inches width with ½ inche
margin apart. The paper is imprinted with horizontal line spaced at ¼ inch
interval (20 divisions) and vertical lines at 1/10 inch interval with heavy
lines at ½ inch interval. Each ½ inch division across the paper signifies five
seconds of time. Pulse rate per minute may then be calculated by
multiplying the number of beats counted in one division by 12.

PERSONAL NOTES OF NESTOR C. NABE


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PERSONAL NOTES OF NESTOR C. NABE
32
OTHER PARTS OF POLYGRAPH MACHINE

Pen Lifter. Raises the lowers pens to three positions

Program Pacer. A programmable cueing device for question and


answer pacing.

Paper Tear Bar. Provides cutting edge for convenient removal of


charts.

Foam Pen Hold-Down. Keeps pens in place when instrument is


being transported.

Compartment. Storage for all forms and supplies. Slightly


smaller in Executive Ultra Scribe.

Subject Connections. Stylish grouping provides neat, professional


appearance. Facilities set-up and storage.

Mechanical Pneumo Module.Recording part of Mehcanical Pneumo


Channel.

Galvanic Skin Response Module. Recording part of GSR channel.

Mechanical Cardio Module. Recording part of mechanical cardio


module.

Paper Storage Compartment – holds two rolls of chart paper


or other supplies.

AC Power Receptacle – power chords connects here; international


standard design for easy cord replacement.

Power Switch and Circuit breaker – applies power to instrument. Built in


resettable circuit breaker protects instrument and eliminates need for
fuses. To reset, simple press ―off‖ and then ―on‖ again.

Chart Drive Roller Lever – lifts chart drive roller for paper changes and
chart removal.

Power Analyzer – automatically indicates whether wall outlets are properly


wired and grounded for proper instrument operation and subject
safety.

PERSONAL NOTES OF NESTOR C. NABE


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Stimulus Marker – marks significant events on the chart.

Sphygmomanometer Dial – reads operating pressure of cardio channels.

Pneumo 1 – pneumatic connection for upper (thoracic) pneumograph.


Note connected in instrument with only one Pneumo.

Pneumo 2 – pneumatic connection for lower (abdominal) pneumograph.

Cuff – pneumatic connection for Cardio channel subject cuff tubing.

Pump – pneumatic connection for hand pump used to inflate subject cuff.

Mechanical Cardio Switch – disengages Mechanical cardio module from


pneumatic system for low pressure Electronic Cardio operation.

PERSONAL NOTES OF NESTOR C. NABE


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PERSONALITIES IN THE DEVELOPMENT OF POLYGRAPH

1. Angelo Mosso – 1895

1. He studied fear and its influence on the heart and his


observation subsequently formed the basis of detection
technique.

2. He developed a type of sphygmomanometer and the specific


cradle for the study of fear.

2. Cesare Lombroso – 1836-1909

a. He employed the first scientific instrument to detect deception,


which is known as Hydrosphymograph, this instrument measures
changes in pulse and blood pressure when suspects were asked
about their involvement in or knowledge of specific response.

b. He was accorded the distinction of being the first persons to use


scientific instrument for the purpose of detecting lies.

c. He published accounts of his works with the police to identify


criminal suspects through measurements of blood pressure and
pulse rates.

PERSONAL NOTES OF NESTOR C. NABE


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3. Leonard Keeler

He is the Father of Modern Polygraph. He devised the kymograph


and rolled paper chart

In 1924, Keeler‘s first handmade polygraph instrument, which he


called "the Emotograph," was destroyed in a fire at his residence. On
February 2, 1935, he conducted the first use of his invention, the Keeler
Polygraph—otherwise known as the lie detector. Keeler used the lie
detector on two criminals in Portage, Wisconsin, who were later convicted
of assault when the lie detector results were introduced in court.

In 1938, Keeler conducted a polygraph test upon Francis Sweeney,


the chief suspect in the Cleveland torso murders. Sweeney failed to pass
the test, leading many to believe that he was the culprit; however, due to
lack of evidence, Sweeney was never charged with the killings.

He above all was most instrumental in the popularization of modern


polygraphy in criminal investigation and job screenings.

4. Dr. William Marston – 1915

a. He dealt with the sphygmomanometer and made researches


on its usefulness in detecting lies, which was used to obtain

PERSONAL NOTES OF NESTOR C. NABE


36
periodic discontinuous blood pressure reading during the
course of a test.

b. He recorded the respiration and noted the time of subject‘s


verbal responses.

c. He favored the discontinuous method of reading systolic blood


pressure.

5. John Larson – 1921

a. He was considered as the pioneer/forerunner of modern


polygraph

b. He devised an instrument capable of recording simultaneous


blood pressure changes, pulse rates and respiration.

c. He designed the first two recording channel polygraph in the


history.

6. Luigi Galvani – 1791

He was accorded the distinction for developing the galvanic


skin reflex or the galvanometer, which records electrical bodily
resistance in terms of ohms, the lower current ever recorded. The
GSR reflected emotional changes by measuring changes in persons‘
skin resistance to electricity.

7. Sticker – 1897

He made the first suggestion for using galvanograph for


detecting deception based on the works of several predecessors. He
theorized that galvanic skin reflex is influenced by existing mental
impression and that will have no effect upon it.

8. Veraguth – 1907

He was the first to use the term ―psychogalvanic skin reflex‖.


He believed that the electrical phenomena are due to the activity of
the sweat gland.

PERSONAL NOTES OF NESTOR C. NABE


37
9. Vittorio Benussi – 1914

He detected deception with a pneumograph, an instrument


that graphically measures the inhalation and exhalation. He
demonstrated the changes in breathing patterns by noting the
changes in respiration-expiration ratio during deception.

10. Harold Burtt – 1918

He determined that respiratory changes were indicative of


deception. He found out that changes in systolic blood pressure
were of greater value in determining deception than in changes in
respiration.

PERSONAL NOTES OF NESTOR C. NABE


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COMPUTERIZED POLYGRAPH

Polygraph…….then……

…… and now…….

Stoelting CPS II Digital 8 Channels

PERSONAL NOTES OF NESTOR C. NABE


39
Lafayette Instrument Company has designed the Lafayette
Instrument LX computerized polygraph. It is designed to detect subtle
movements as well as gross movements of a subject during a polygraph
examination. By providing a graphic record of a subject‘s movement, the
Activity Sensors allows the examiner to concentrate on administering the
exam instead of trying to observe the subject‘s movement.

Polygraph Computer records, stores, and analyzes physiological


changes during the examination. Charts are recorded in much the same
manner as conventional polygraph equipment with a smooth scrolling
display moving from right to left. The tracings recorded are in real-time and
are truly rectilinear, so charts can be easily interpreted.

PERSONAL NOTES OF NESTOR C. NABE


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Activity No. 3

Name:___________________ Scheduel:______Date:______Score:_____

a. Is the computerized polygraph more accurate or reliable than


the mechanical polygraph?

b. Draw a mechanical polygraph machine and label its parts.

PERSONAL NOTES OF NESTOR C. NABE


41
RELIABILITY OF POLYGRAPH TESTING

Because the polygraph test measures body responses, a data


subject can attempt to alter her bodily responses in order to interfere with
the test. Several common ways to undermine the test include: taking
sedatives to reduce anxiety; using antiperspirant to prevent sweating; and
positioning pins or biting parts of the mouth after each question to
demonstrate a constant physiological response.

United States

In 2002, a panel from the National Academy of Sciences were


charged with ―conducting a scientific review of the research on polygraph
examinations that pertains to their validity and reliability, in particular for
personnel security screening.‖ The panel‘s findings were compiled into the
report, ―The Polygraph and Lie Detection,‖ and presented to Congress and
the Department of Energy. The panel found polygraph testing to be
unscientific because it lacked fixed standards. After reviewing the available
data and studies in polygraph testing, the panel concluded: ―Almost a
century of research in scientific psychology and physiology provides little
basis for the expectation that a polygraph test could have extremely high
accuracy.‖ Further, there was little hope for advancing polygraph testing.
According to the panel‘s findings: ―The inherent ambiguity of the
physiological measures used in the polygraph suggest that further
investments in improving polygraph technique and interpretation will bring
only modest improvements in accuracy.‖

Based on the National Academy of Science‘s report, Congress


required the department of Energy to reconsider their polygraph used in
light of the study‘s findings. However, the Department of Energy retained
and resubmitted their existing polygraph policy to Congress, stating that,
regardless of the panel‘s conclusions, the rules constituted ―a balanced
approach for the carefully circumscribed use of polygraph examinations as
a tool that appears in current circumstances well-suited to accomplish the
Congressionally –specified purpose to minimize the potential for release or
disclosure of classified data, materials, or information.‖

Notwithstanding the controversy surrounding the use of polygraph


examinations, the Department of Defense has expressed interest in
increasing the use of them for security and counterintelligence.

PERSONAL NOTES OF NESTOR C. NABE


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The U.S. Supreme Court has thoroughly reviewed issued concerning
the validity and reliability of polygraph for purposes of admission at trial. In
its decision upholding the exclusion of such evidence at trial in the United
States v. Scheffer , it stated:

“There is simply no consensus that polygraph evidence is reliable.


To this day, the scientific community remains extremely polarized about
the reliability of polygraph techniques. Some studies have concluded that
polygraph tests overall are accurate and reliable. Others have found that
polygraph tests assess truthfulness significantly less accurately – the
scientific field studies suggest the accuracy rate of the tests as “little better
that could be obtained by the toss of a coin”.

There is simply no consensus in the United States that polygraph


evidence is reliable. To this day, the scientific community remains
extremely polarized about the reliability of polygraph techniques. Some
studies have concluded that polygraph tests overall are accurate and
reliable. Others have found that polygraph tests assess truthfulness
significantly less accurately that scientific field studies suggest the
accuracy rate of the control question technique" polygraph is little better
than could be obtained by the toss of a coin," that is, 50 percent.

This lack of scientific consensus is reflected in the disagreement


among state and federal courts concerning both the admissibility and the
reliability of polygraph evidence.7 Although some Federal Courts of Appeal
have abandoned the per se rule excluding polygraph evidence, leaving its
admission or exclusion to the discretion of district courts under Daubert,
see, e.g., United States v. Posado, 57 F.3d 428, 434 (CA5 1995); United
States v. Cordoba, 104 F.3d 225, 228 (CA9 1997), at least one Federal
Circuit has recently reaffirmed its per se ban, see United States v.
Sanchez, 118 F.3d 192, 197 (CA4 1997), and another recently noted that it
has not decided whether polygraphy has reached a sufficient state of
reliability to be admissible." United States v. Messina, 131 F.3d 36, 42
(CA2 1997). Most States maintain per se rules excluding polygraph
evidence. See, e.g., State v. Porter, 241 Conn. 57, 92-95, 698 A. 2d 739,
758-759 (1995); People v. Gard, 158 Ill. 2d 191, 202-204, 632 N. E. 2d
1026, 1032 (1994); In re Odell, 672 A. 2d 457, 459 (RI 1996); Perkins v.
State. New Mexico is unique in making polygraph evidence generally
admissible without the prior stipulation of the parties and without significant
restriction. See N. M. Rule Evid.11-707. Whatever their approach, state
and federal courts continue to express doubt about whether such evidence
is reliable. See, e.g., United States v. Messina, supra, at 42; United States
v. Posado, supra, at 434; State v. Porter, supra, at 126-127, 698 A. 2d, at

PERSONAL NOTES OF NESTOR C. NABE


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774; Perkins v. State, supra, at 94; People v. Gard, supra, at 202-204, 632
N. E. 2d, at 1032; In re Odell, supra, at 459.
(www.fas.org/sgp/othergov/polygraph/scheffer.html)

Europe

In most European jurisdictions, polygraphs are not considered


reliable evidence and are not generally used by police forces. However, in
any lawsuit, an involved party can order a psychologist to write an opinion
based on polygraph results to substantiate the credibility of its claims. The
party must bear the expense themselves, and the court weighs the opinion
like any other opinion the party has ordered. Courts themselves do not
order or pay for polygraph tests. In most cases, polygraph tests are
voluntarily taken by a defendant in order to substantiate his or her claims.

Canada

In Canada, the polygraph is regularly used as a forensic tool in the


investigation of criminal acts and sometimes employed in the screening of
employees for government organizations. In the 1987 decision of R. v.
Béland, the Supreme Court of Canada rejected the use of polygraph
results as evidence in court. This decision did not however affect the use
of the polygraph in criminal investigations. The polygraph continues to be
used as an investigative tool.

Australia

The High Court of Australia has not yet considered the admissibility
of polygraph evidence. However, the New South Wales District Court
rejected the use of the device in a criminal trial. In Raymond George
Murray 1982 7A Crim R48 Sinclair DCJ refused to admit polygraph
evidence tending to support the defence. His Honour rejected the evidence
because:

1. The veracity of the accused and the weight to be given to his


evidence, and other witnesses called in the trial, was a matter for the
jury.

PERSONAL NOTES OF NESTOR C. NABE


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2. The polygraph "expert" sought to express an opinion as to ultimate
facts in issue, which is peculiarly the province of the jury.
3. The test purported to be expert evidence by the witness who was
not qualified as an expert, he was merely an operator and assessor
of a polygraph. The scientific premise upon which his assessment
was based had not been proved in any Court in Australia.
4. Devoid of any proved or accepted scientific basis, the evidence of
the operator is hearsay which is inadmissible.

Israel

The High Court of Israel, in Civil Appeal 551/89 (Menora Insurance


Vs. Jacob Sdovnik), ruled that as the polygraph has not been recognized
as a reliable device, polygraph results are inadmissible as evidence in a
civil trial. In other decisions, polygraph results were ruled inadmissible in
criminal trials. However, some insurance companies attempt to include a
clause in insurance contracts, in which the beneficiary agrees that
polygraph results be admissible as evidence. In such cases, where the
beneficiary has willingly agreed to such a clause, signed the contract, and
took the test, the courts will honor the contract, and take the polygraph
results into consideration. Interestingly, it is common practice for lawyers to
advise people who signed such contracts to refuse to take the test.
Depending on whether or not the beneficiary signed an agreements
clause, and whether the test was already taken or not, such a refusal
usually has no ill effects; At worst, the court will simply order the person to
take the test as agreed. At best, the court will cancel the clause and
release the person from taking the test, or rule the evidence inadmissible.

PERSONAL NOTES OF NESTOR C. NABE


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LEGAL STATUS OF POLYGRAPH IN THE PHILIPPINES

The polygraph test is an invaluable aid to investigation. If properly


conducted and the subject agrees to voluntarily submit himself to the test,
then his rights are not violated. Remember that no polygraph examination
can be effectively employed on a reluctant subject. Charts derived thereon
would indicate more bodily movements. Voluntary consent is therefore
essential in administering this type of test.

The polygraph examiner‘s opinion and his analysis and


interpretation of the test charts are generally not acceptable as evidence
particularly if standing alone.

The examiner may, however, testify on the voluntariness of any


statement, admission or confession obtained after an individual agreed to
the test.

Rejection of a lie detector test is not based upon the inaccuracy of


the instrument but on the fallibility of the examiner and subject, as well as
whether questions are sound. A trained scientist may be mistaken in what
he sees or hears from any of these devices. It must be noted that the
polygraph is simply an instrument for noting or recording physiological
processes and it is possible for the examiner to be mistaken.

In a case not substantiated by a valid confession or other definite


evidence, any conclusion based solely upon analysis of the polygraph
constitutes an opinion and is in direct proportion to the expertise and
integrity of the examiner. Those who oppose the use of the polygraph in
the courtroom do so mainly on the question of its accuracy. Aside from
certain physiological considerations, they blame the inaccuracy on the
failure of the examiner to use uniform procedures in the conduct of the
test.

The polygraph examiner‘s testimony can be admissible upon


stipulation, to corroborate other evidence of a defendants‘ participation in
the crime charged or to corroborate, or impeach his own testimony under
the following conditions:

 That the counsel of both parties and the subject all sign a written
stipulation providing for his submission to the test and for
subsequent admission at trial of the graphs and the examiner‘s
opinion thereon on behalf of either the defendant or the state.

PERSONAL NOTES OF NESTOR C. NABE


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 That the admissibility of the test results is subject to the discretion of
the trial judge, i.e., examiner is qualified. If the test was conducted
under improper condition.
 That if the graphs and the examiner‘s opinion are offered as
evidence, the opposing party shall have the right to cross examine
the examiner regarding:

a. the examiner‘s qualification and training


b. the condition under which the test was administered.
c. the limitations or the possibilities for error in the technique.

PHILIPPINE SUPREME COURT’S DECISION ON THE ADMISSIBILITY


OF POLYGRAPH TEST RESULT

1. People v. Daniel (G.R. No. L-40330 Nov. 20, 1978) Supreme Court:

“Polygraph test is unreliable considering that the subject took the


test after the trial was over. The court reasoned that the subject no longer
felt any fear or emotional distress that would allow any finding that he
committed the crime charged. It said the accuracy of a polygraph test
depended largely on the time and place of the test, and if the subject was
already distanced from the commission of the crime, the results were
bound to fail”.

2. People v. Adoviso, 309 SCRA 1 (1999). Supreme Court:

“American courts almost uniformly rejected the results of polygraph


tests when offered as evidence for the purpose of establishing the guilt or
innocence of one accused of a crime, whether the accused or the
prosecution sought its introduction, for the reason that the polygraph had
not yet attained scientific acceptance as a reliable tool for ascertaining
truth or deception. “The rule,” according to the Supreme Court, “is no
different in this jurisdiction.‖

3. People v. Reanzares, G.R. No. 130656, 29 June 2000. Supreme


Court :

―Lie detector test has never been accepted in our jurisdiction as a


means of ascertaining the truth‖.

PERSONAL NOTES OF NESTOR C. NABE


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4. People v. Carpo, G.R. No. 132676, 4 April 2001, the Supreme Court:

―The court does not put credit and faith on the result of a lie detector
test in as much as it has not been accepted by the scientific community as
an accurate means of ascertaining truth or deception‖.

QUESTIONS FORMULATION AND TEST CONSTRUCTION

Nature of the Questions

Formulating the questions to be used in the examination is a critical


part of the whole test procedure. All questions must be framed in words or
terminology that are most familiar to the subject. Hence, medium of the
test depends on the subject‘s understanding of the language use. Great
consideration must be observed when local dialect be employed as
medium for the test procedure. The problem may now be the translation
into English for record and future references, in as much as it is necessary
in criminal investigation.

STIMULUS. It is the force or motion reaching the organism and excites


the receptors. In short, it is anything that arouses the organism to activity.
In Polygraph examination, stimulus is presented to the subject in the form
of questions.

GENERAL RULES IN QUESTION FORMULATION

1. Questions must be simple and direct.


2. It must not involve legal terminologies; e.g. rape, murder,
arson.
3. It must be answerable by ―yes‖ or ―no‖ and should be short
as possible.
4. It must not be in the form of accusation.
5. It must never contain an influence which presupposes
knowledge on the part of the subject.
6. All questions must refer to only one element of an offense.
7. It must not contain inferences to one‘s religion, race or
belief.

PERSONAL NOTES OF NESTOR C. NABE


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DIFFERENT TYPES OF TEST QUESTIONS

1. Irrelevant Questions

These are questions that have no bearing to the case under


investigation. The question may refer to the subject‘s age, educational
attainment, marital status, citizenship, occupation, etc. The examiner
asks these types of questions to ascertain the subject‘s normal patter of
response by eliminating the feeling of apprehension.

Examples: Did you eat today?


Do you smoke?
Are you from Baguio?
2. Relevant Questions

These are questions pertaining to the issue under investigation.


They must be unambiguous, unequivocal and understandable to the
subject. They must all be related to one issue or one criminal act.
Relevant questions must be very specific to obtain an accurate result. It
is further classified according to its stimulation effect when applied,
namely:

a. Strong Relevant. It has an intense and specific relationship to the


crime or problem being considered. This is intended to produce
strong emotional response in guilty subjects.

Example: Did you steal Hazel‘s watch?

b. Secondary or Weak Relevant. Questions that concern some


secondary elements of the crime and deal mostly on guilty
knowledge and partial involvement.

Example: Do you know where the missing watch of Hazel‘s in


now?

3. Control Questions

These questions compare the physiological response to relevant


questions about the crime with the response to questions relating to
possible prior misdeeds. These are also questions designed to produce
a response in the innocent subject. ―This question is often used to
determine whether certain criminal suspects should be prosecuted or

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49
classified as uninvolved in the crime‖ (American Psychological
Association)

a. Primary Control Questions – it is based on a known lie. E.g.


subject denying having done something, which is verified, or
known to be true would be a good basis for the construction of
control questions.

Example: Before reaching the age of 25, have you ever stolen
anything?

b. Secondary Control Questions – is of a more specified in nature


and is based upon another set of wrong doings, which will
enhance the opportunity for responsiveness. Its scope includes
up to present period of examination.

Example: Have you stolen anything from this locality?

In formulating the Secondary Control Questions, the examiner, in


case of theft, asks the subject whether he had stolen anything from
the place of his employment but not related to the offense under
investigation.

4. Knowledge Questions

These are questions designed to prove whether the subject


possesses information regarding the identity of the offender or location
of evidence or facts of the case under investigation.

Example: Do you who stole the watch of Hazel?

5. Evidence-Connecting Questions

This is designed to stimulate the guilty subject and focus his


attention on the probability of incriminating proof that would tend to
establish his guilt. In formulating these questions, the examiner must
secure information from the investigator on the availability of evidences
collected from the crime scene.

Example: Were the found footprints outside of Hazel‘s house yours?

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6. Guilt-Complex Questions

This is specialized control question designed to safeguard


against mistaking relevant questions response and is based on a
fictitious crime under investigation. The examiner, prior to approaching
the subject, must be certain that the fictitious crime was never actually
committed. The details of the question must be specific enough that the
guilty subject can be sure he did not commit this particular offense.

Example: Did you steal the gold coin of Juan?

7. Symptomatic Questions

This is a question designed to detect and evaluate the presence


of outside issues, which may suppose responses to relevant questions.
As outside issue factor is present in subject who fears that he might be
asked about another case in which he is involved, but not the subject
matter under investigation.

TEST TECHNIQUES IN POLYGRAPH EXAMINATION

I. General Question Test

The general question test consist fo a series of relevant questions


asked in a planned order. In general, questions are so arranged as to
make possible a comparison of responses to relevant questions with a
subject‘s norm made during the answer of irrelevant questions.

A. RIED AND INBAU RELEVANT – IRRELEVANT TECHNIQUE

Developed the reviewed control question consisting of a known lie


incorporated into relevant/irrelevant test. Reid‘s control question
represents a major breakthrough in polygraph technique.

1. Irrelevant Question –
 Have you ever been called by the name Pedro?

2. Irrelevant Question –
 Do you drink water?

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3. Weak Relevant –
 Were you in the vicinity of Jolina Walangdangal‘s house between
10:00 and 12:00 p.m. last night?

4. Irrelevant Question –
 Do you finish college?

5. Strong Relevant Question


 Did you steal the gold necklace of Jolina Walangdangal?

6. Primary Control Question –


 Before reaching the age 25 have you ever stolen anything?

7. Irrelevant Question –
 Are you married?

8. Evidence Connecting Question –


 Were the fingerprints in the jewelry box of Jolina Walangdangal
yours?

9. Knowledge Question –
 Do you know for sure who stole the gold necklace of Jolina
Walangdangal?

10. Secondary-Control Question –


 Have you ever stolen anything from this locality?

B. BACKSTER ZONE COMPARISON

Backster devised standardized technique incorporating


relevant/irrelevant questions, to identify any outside issue factor that might
interfere with the test, conceived the psychological set theory and the
anticlimax dampening concept, which form a basis of his zone of
comparision.

1. Irrelevant Question
2. Sacrifice Relevant Question
3. Symptomatic Question
4. Control Question
5. Strong Relevant Question
6. Control Question

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7. Strong Relevant Question
8. Symptomatic Question
9. Guilt Question
10. Weak Relevant Question
11. S-K-Y Question

S-K-Y Question. These are three (3) questions grouped together


by Backster and used only on the third chart in the zone comparison
test.They are designed to confirm the previous charts and detect
indirect involvement or guilty knowledge.

 ―S‖ stands for suspect


 ―K‖ stands for know
 ―Y‖ stands for you.

B. QUADRI-ZONE COMPARISON

Provide mechanism for the identification of ―inside issue‖ factors that


adversely affect the control question, permitting timely corrective
measures.

1. Irrelevant Question – neutral


2. Relevant Question – weak
3. Symptomatic Question –
4. Control Question – strong
5. Relevant Question – strong
6. Control Question – strong
7. Relevant Question – strong
8. Control Question – variable strength
9. Relevant Question – variable strength
10. Symptomatic Question
11. Relevant Question – weak

C. QUINQUE-ZONE COMPARISON

A degradation of the Quadri-Zone Comparison technique in that


three relevant questions are included in the test instead of the usual
two relevant questions; all of the control questions found in the QZC
technique plus one additional control question to compare against
the third relevant question.

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1. Irrelevant Question – neutral
2. Relevant Question – medium strength
3. Symptomatic Question –
4. Control Question – strong
5. Relevant Question – strong
6. Control Question – strong
7. Relevant Question – strong
8. Control Question – strong
9. Relevant Question – strong
10. Relevant Question – medium strength
11. Relevant Question – variable strength
12. Symptomatic Question
13. Relevant question – weak

II. SUPPLEMENTARY TEST

A. Peak of Tension Test


This type of test is only made possible when there is no widespread
publicity about a crime where intimate details as to the method of
commission of certain facts of the case is only know by the
perpetrator, the victim and the investigator. It is answerable by NO
only.

B. Guilt Complex Test


This test is applied when the response to relevant and control
questions are similar in degree and consistency and in a way that
the examiner cannot determine whether the subject is telling the
truth or not.

C. Silent Answer Test


This test is conducted in the same manner as when relevant,
irrelevant and control questions are asked, but the subject is
instructed to answer the questions silently, to himself, without
making any verbal response.

D. Card Test
E. Mixed Question Test
F. The ―yes‖ Test

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OTHER KNOWN TEST TECHNIQUES

Arther Known Lie MGQT Test


Arther Specific Accusation MGQT Test
Backster "SKY" Zone Comparison Test
Backster "You Phase" Zone Comparison Test
Canadian Zone Comparison Test - "A" and "B" Series
Concealed Information Test
DODPI "You Phase" Bi-Zone Comparison Test
DODPI Zone Comparison Test
General Questions Test
Gordon Integrated Zone Comparison Test
Guilty Knowledge Test
Keeler Technique
Marcy MGQT Technique
Matte Quadri-Track Zone Comparison Technique
Matte Quinque Zone Comparison Technique
Military Primary/Secondary Series Technique
Modified Zone of Comparison Technique with SKY Series
Modified General Questions Test (MGQT)
Army Version
Air Force Version
Navy CIS Version
U.S. Secret Service Version
Modified Relevant-Irrelevant Technique (MRI)
Musser Balanced Flexibility Test
Peak of Tension Test
Positive Control Technique
Reid MGQT Technique
Test for Espionage & Sabotage (TES)
Utah Zone Comparison Test
Bartlett Version
Honts/Raskin Version

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Activity No. 4

Name:___________________Schedule:_______Date:_______Score:___

1. Discuss the reliability of the polygraph examination as a method of


deception detection.

2. Is the result of the polygraph examination acceptable as a court


evidence? Defend your answer.

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IDEAL POLYGRAPH EXAMINATION ROOM

Whenever possible to do so, a special equipped and furnished room


should be set aside for polygraph examinations. It must have one way
mirror and a concealed microphone so that a person or persons in the
observation room may hear as well as see what occurs in the examination
room.

1. It must be spacious for two person.


2. It must be well-lighted.
3. It must not be decorated.
4. It must be 90% sound proof.
5. Must be well-ventilated.

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MAIN OBJECTIVES OF POLYGRAPH EXAMINATION

1. To ascertain if a person is telling the truth by verifying statement or


comparing conflicting statement.
2. Obtain additional investigative leads to the facts of an offense.
3. Locate fruits or tools of the crime or whereabouts of wanted person.
4. Eliminate innocent suspects, which is the most important.

LIMITATIONS OF THE POLYGRAPH

1. It is an invaluable aid but never a substitute for an investigation.


2. It is not a lie detector; it is a scientific diagnostic instrument.
3. It does not determine facts; it records responses to what the subject
knows to be true.
4. It is only as accurate as the examiner is competent.

CONDITIONS OF THE SUBJEC TO BE CONSIDERED FIT FOR


POLYGRAPH EXAMINATION

1. The subject must have a good night sleep prior to the test.
2. Subject must refrain from smoking for at least s2 hours before the
test.
3. Must be free from physical and sexual abuse.
4. The subject must not be interrogated for a prolong period.
5. Must refrain from the use of alcohol and drugs for at least 12 hours
prior to the test.
6. Subject must not be hungry.
7. Must not be suffering from illness, fever, cold, cough, allergy, etc.
8. Must not be highly nervous.
9. Female subject must be free from menstrual cycle.
10. He/she must not have sex indulgence prior to the test.

SUBJECT/EXAMINEE- refers to the person undergoing polygraph


examination.

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CONSTITUTIONAL RIGHTS OF THE SUBJECT

1. To be informed of his right to remain silent


2. Right to have a competent and independent counsel preferably of
his own choice.
3. Has the right against self incrimination

PURPOSE OF TAKING WRITTEN STATEMENT OF CONSENT AND


WITH SUBJECT’S SIGNATURE

1. The examiner have legal basis that no human violation is committed.


2. That the subject voluntarily submitted himself to undergo polygraph
examination.
3. It is an armed against harassment.

FACTORS THAT ARE RESPONSIBLE FOR THE ERRORS OF


POLYGRAPH EXAMINATION

1. Nervousness experienced by a subject who is telling the truth.


2. Physiological abnormalities, high blood pressures, disease of the
heart.
3. Mental abnormalities
4. Unresponsiveness in a living/guilty subject because of no fear of
detection, ability to control response by means of certain mental sets
of attitudes.
5. Attempt to ―beat the machine‖ by controlled breathing or by muscular
flexing.

REASONS WHY POLYGRAPH TEST RESULT IS NOT ADMISSIBLE.

1. Polygraph techniques are still on experimental stage and have not


yet received degree of standardization of acceptance among
scientists.
*** US Supreme Court: People Vs. Becker, People vs. Fonte. ―It is
useful in the investigation of a crime but no place in the court room‖

2. The trier of the fact is apt to give almost conclusive weight to the
polygraph expert‘s opinion.

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3. There is no way to assure that a qualified examiner administered the
test.
4. Test can‘t be relied upon because of many errors.

FACTORS AFFECTING POLYGRAPH EXAMINATION VALIDITY

The analyses of studies indicate that there is considerable variability


in accuracy rates of polygraph examinations. To interpret these variations,
numerous factors, such as the restricted range of techniques and
applications tested in these studies, need to be considered. In addition,
researchers have attempted to explain the variability in accuracy scores by
proposing a number of factors that theoretically may affect polygraph test
validity. These include characteristics of examiners,
settings, and subjects

1. Examiner

It has long been recognized that the examiner‘s skill has an


important effect on the validity of polygraph tests. Examiner experience is
an essential element reported by investigators and has often been used to
explain differences in accuracy rates. There are some data to indicate that
experienced examiners have better accuracy rates. In recognition of this
outcome, training has been accorded a high priority both within and
outside government agencies which conduct polygraph examinations and
by polygraph examiner groups.

1.1 Experience
A number of studies have tested how examiner experience relates to
validity of polygraph examinations. Horvath and Reid, for example, had
charts utilized in their validity study reexamined by a group of 10 polygraph
examiners. Seven of the examiners were experienced and three of them
were examiner-interns (each with less than 6 months‘ experience).
According to Horvath and Reid, experienced examiners made an average
of 91.4 percent correct judgments, while the average or inexperienced
examiners was 77.5 percent.

1.2 Training
Experience in conducting polygraph examinations suggests that there
are a number of clinical components to detection of deception. To some
extent, training programs capture these clinical elements by extensive

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training in ―proper‖ examiner attitude and relationship with subjects.
Increasingly, however, training programs emphasize standardized
techniques for constructing questions and scoring examinations.

2. Subjects

Much effort in recent years has been devoted to development of


systematic training. Less attention appears to have been paid to the
characteristics of subjects of polygraph testing. Frequently, research
reports of polygraph examination do not report even the most easily
available data on subject characteristics (e.g., proportion of males and
females). There have, however, been a number of studies of specific
population groups (e.g., psychopaths) hypothesized to be less detectable.
In addition to subjects‘ psychopathy, other diagnostic categories and
subject variables such as gender, intelligence, motivation, and responsivity
to arousal may also affect validity. Subject factors are often described in
the literature as personality or individual difference factors. They refer to
traits associated with individuals that may make them differentially
detectable in a polygraph examination. Understanding these effects should
enable determination of the conditions under which polygraph testing will
yield particular levels of validity. The mechanism by which subject
variables affect polygraph examination validity has to do with differential
autonomic arousal. Validity is affected when an interaction results between
arousal and polygraph testing.

2.1 Level of Socialization

One aspect of potential subject effects that has received


considerable attention is the effect of level of socialization. In a series of
studies, significant relationships were found in the laboratory between
socialization and autonomic responsiveness. An initial finding was that
college students who scored low on socialization (on a standard
psychological inventory), gave smaller electrodermal responses (EDRs) to
stimuli than did high scoring subjects. In a more directly relevant
investigation, a group of college students was asked to deceive or not to
deceive a professional polygraph examiner. Results indicated that subjects
who were not detectable were significantly less socialized than those who
were detectable. Susceptibility to detection seemed to be mediated by
socialization; results indicated that low socialization subjects showed
reduced electrodermal responses. Highly socialized subjects were more

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responsive electrodermally, and as a result, several of them were
misclassified as deceptive.

2.2 Psychopathology

Guilty psychopaths may escape detection because they are not


concerned enough about a misdeed to create interpretable physiological
responses. Individuals with other forms of psychopathology may escape
detection or be classified as false positives for other reasons (e.g.,
emotional instability, delusional thinking). The one study that has
investigated this possibility found that innocent neurotics and particularly
psychotics were likely to be identified as deceptive.

2.3 Gender

One of the most obvious subject differences is gender. Males and


females may have different patterns of autonomic arousal, and such
differences may affect polygraph testing validity. Unfortunately, few data
exist to examine this hypothesis; most research only studies male
subjects.

2.4 Intelligence

Intelligence is an additional variable which potentially might affect


detectability. The ability of intelligent subjects to anticipate questions may
affect polygraph accuracy. One possibility is that intelligent subjects are
less detectable because, if trained, they are able to anticipate questions
and employ countermeasures. Another possibility is that because
intelligent subjects better understand the implications of a polygraph
examination, they will respond to relevant questions with heightened
arousal when they are attempting to deceive.

2.5 Ethnic and Group Differences

Another category of subject differences that may affect polygraph


validity has to do with ethnic and group differences in physiological
response. Research conducted cross culturally indicates that there are
ethnic differences in response to stress. Such differences may, in turn,
affect detection of deception.

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2.6 Autonomic Lability

A final individual difference is referred to as autonomic lability.


Regardless of other differences among subjects, there may be consistent
individual differences connected with their level of autonomic arousal.
Although there is considerable variance for an individual in autonomic
responses to most physiological measures of autonomic nervous system
(ANS) arousal, electrodermal lability maybe different. Given the importance
of the electrodermal response for polygraph examinations, it maybe
essential to understand more about this factor.

3. Setting

One theory underlying lie detection using the polygraph is that the
threat of punishment leads an individual to manifest a physiological
reaction. This suggests, then, that settings in which an individual is more
certain of being detected and in which the consequences are greatest, will
permit higher levels of detection. Furthermore, in order to be certain of
being detected, a subject must believe in the efficacy of the polygraph
procedures in order for it to function. According to some, the polygraph is
often used somewhat like a ―stage prop, ‖ and its presence is meant to
―enhance the subject‘s concern. ‖ Stimulation tests, used in almost all field
polygraph examinations, serve the same function, albeit more directly.
There is considerable discussion in the literature about how frequently
within a polygraph examination such stimulation tests should be utilized in
order to increase the validity of the examination.

4. Instrument

Some researches address the question of the situational features


necessary for a polygraph examination. In one component of a study,
subjects were led to believe that the polygraph recording equipment was
not operative. There was some indication that the pretest condition in
which subjects were led to believe that the polygraph instrument was
inoperative produced a lower detectability; however, results were not
statistically significant. In an earlier study, detectability was not affected by
subjects‘ belief in whether the machine was recording. Both of these
studies involved use of concealed information tests. A more recent study
tested a similar hypothesis using a different procedure. In this study,
subjects saw the polygraph machine turned off, although the
experimenters actually ran the leads to a second polygraph device and

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were able to record responses during a pretest review of questions. The
results indicated that subjects who were aware of being recorded had
significantly higher responses to relevant questions and not significantly
different responses to control questions.

5. Specific Settings

Polygraph examinations take place in a number of settings, ranging


from facilities specifically designed for this purpose to motel rooms.
Specifically designed facilities usually include one-way mirrors for
observation and audio recording capabilities, and are located so as to
prevent interruptions during the examination. It is reasonable to assume
that the setting may interact both with subject and examiner characteristics
to affect the validity of polygraph tests. No research, however, directly tests
the impact of different settings on polygraph testing validity.

COUNTERMEASURES USED DURING POLYGRAPH EXAMINATION

Countermeasures are deliberate techniques used by deceptive


subjects to avoid detection during a polygraph examination.
Countermeasures can range from simple physical techniques, to so-called
mental countermeasures, to the use of drugs and biofeedback techniques.
There is a potentially large list of such countermeasures, and there are a
number of plausible, but not yet validated, techniques to avoid deception.
The research on polygraph countermeasures is summarized below by type
of countermeasure.

1. Physical

Physical measures taken by a subject during a polygraph


examination are, perhaps, the most frequently discussed countermeasures
used by subjects. Any physical activity which could affect physiological
response is a potential problem for interpretation of a polygraph test
record. There is no question that physical measures, from tensing muscles
to biting the tongue, to squeezing toes, to shifting one‘s position can affect
physiological response.

A research found that when subjects press their toes towards the
floor they were able to reduce the probability of detection from 75 to 10
percent. A recent study also found that the use of physical

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countermeasures decreased detectability; the false negative rate for
countermeasure subjects was 78 percent.

2. Drugs

In contrast to physical measures, which potentially may be detected


by an observant polygraph examiner by running multiple charts or by
careful comparison of particular physiological measures, the use of various
pharmacological agents is probably more difficult to detect. Not only may
drugs be difficult to detect by observation, but they may also not be
detected by multiple polygraph tests. Some theorists have suggested that
such pharmacological agents have the potential to produce incorrect or
uninterpretable polygraph records.

Drugs permit subjects who are being deceptive to increase their


ability to avoid detection in a polygraph examination. One feature of
tranquilizers such as meprobamate is that they suppress autonomic
activity which may not be accompanied by any observable psychomotor
differences. The use of such drugs in polygraph examination would be
more likely to yield inconclusive findings, rather than errors, because the
drugs would likely result in no difference between the responses to control
and relevant questions.

In addition to drugs, there have also been reports of the use of


various chemicals to confuse physiological recording. Placing
antiperspirant powder, clear nail polish, or other agents on the balls of
one‘s fingers may make EDRs less reliable. Such measures, however,
should be detectable by a trained examiner.

3. Hypnosis/Biofeedback

There is a substantial literature in psychology about the use of


hypnosis and biofeedback to alter and condition physiological responses.
There is some evidence that hypnosis induces decline in skin conductance
levels. A number of investigations have attempted to show that
hypnotically suggested amnesia is an effective countermeasure.

A research reported that subjects who received extensive


information about the nature of lie detection and practiced using
countermeasures were detected significantly less than subjects without
such training. It seems clear that if hypnosis or biofeedback operate as
countermeasures, the extensive training would have to accompany their
use.

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4. Mental

Another category of countermeasures involves those that get the


subject to think differently about the test. As noted, most polygraph
examinations rely on the subject‘s motivation to avoid detection rather than
on any response directly connected with ―telling a lie.‖ Simple cognitive
countermeasures include patterns of thinking that suppress responses to
control or irrelevant questions. More complex cognitive countermeasures
are based on knowledge of the results of the examination and lack of belief
in one.

5. Controlling Thoughts

Any individual who understands the basic structure of a particular


polygraph examination should be able to differentiate irrelevant and control
from relevant questions (when an R/I or CQT examination is conducted).
Given that when a CQT is employed, the questions are reviewed prior to
their presentation, a subject intent on deception could try to alter
cognitively responses to various questions (although, since the order of
presentation is varied, this is made difficult during an actual test). The
procedure would be to try to dissociate one from the relevant questions
and heighten response to control questions. There are various means of
mental dissociation that ranges from concentrating on an irrelevant object
or by convincing oneself that the question means something different than
intended.

6. Knowledge of Results

Another set of countermeasures is based on subjects having


knowledge of the results of their polygraph examination. In criminal
situations, particularly when an inconclusive outcome is obtained or when
the subject disagrees with the outcome of an initial polygraph test, subjects
are retested. In noncriminal situations, individuals are often tested at the
beginning of their employment and at a number of subsequent points. In
addition, subjects who know that they will receive a polygraph examination
may seek training in methods to avoid detection. For all of these reasons, it
is important to understand how feedback about polygraph examinations
affects validity and whether prior experiences represent a potential
countermeasure.

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7. Belief in “Machine”

A final countermeasure is based on research about the bogus pipeline


and the role of the setting in inducing valid outcomes. If the validity of
polygraph testing is dependent on the belief by subjects in the efficacy of
the procedure, then a possible countermeasure would involve training
subjects to believe that the polygraph does not work. This might be done,
for example, by providing subjects with false feedback on a polygraph
examination.

QUALITIES OF AN EFFECTIVE POLYGRAPH EXAMINER

1. Technically, he must have a complete knowledge of the instrument


and its capabilities and limitations; the most modern polygraph
technique; proficiency in the conduct of polygraph examinations; test
construction; and chart study and research.

2. Morally, he must have a sincere desire to be a polygraph examiner


in its strictest sense, by devoting himself to the polygraph profession
through maintenance of high personal integrity and increasing
personal proficiency through constant study and research.

3. He constantly bears in mind his primary obligation to his subject, that


is to afford him all possible safeguards against errors and must
never accept for a polygraph examination, any subject who is not
physically or mentally fit.

4. He must be an impartial seeker of truth by conducting examination in


a professional and ethical manner, and never allow prejudice to
influence the result of the examination.

EXAMINER/POLYGRAPHIST. The one who is conducting polygraph


examination.

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RESPONSIBILITIES OF THE INVESTIGATOR TO THE SUBJECT

In asking the subject involved in a criminal case under investigation


to take the polygraph test, the investigator should:

1. Learn enough about the polygraph so that he can speak openly and
freely to the person about the test. The subject may know very little
or may have been misinformed about it.

2. Not reveal details of an offense which maybe utilized in the


application of a ―peak of tension‖.

3. Suggest the test as a means to indicate the subject‘s innocence.

4. Stress the test‘s capability of indicating whether a person is telling


the truth through the recorded responses.

5. Assure the subject that the examiner is qualified and impartial to all
persons involved in the case.

6. Avoid any claim for the instrument or examiner that is not backed by
facts.

RESPONSIBILITIES OF POLYGRAPH EXAMINER TO HIS SUBJECT

1. A polygraph examiner recognizes the fact that his primary


responsibility must be on the person who has voluntarily submitted
himself for polygraph examination.

2. He should always advise the subject of his constitutional rights


against self-incrimination before conducting any examination.

3. He should see to it that the instrument he utilizes is in good working


condition and that he makes permanent simultaneous recording on
cardiovascular and respiratory changes.

4. He should first administer at least two or more charts before


rendering a conclusive verbal or written opinion based on chart
analysis.

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5. He should be familiar with the techniques and procedures employed
before offering any testimony concerning the charts or conclusions
presented by another examiner.

Before conducting any polygraph test, consider the following:

 Did the investigator-on-case first consult the polygraph examiner


on the necessity of the test, requirements, selection of the
subjects, specific areas to be resolved and scheduling of
subjects?
 Is there a written request for the test accompanied by pertinent
statements/depositions and complete facts of the case to include
background information on subjects?

 Did the investigator or case hand carry the request in order that
he can personally inform the examiner the detailed and verified
facts of the case?

FOUR PHASES INVOLVED IN THE CONDUCT OF POLYGRAPH TEST

A. Initial interview with the Investigator

The polygraph examiner based on information obtained from the


investigator formulates test questions. Question formulation depends
largely upon detailed and accurate information regarding available facts
and circumstances that form the basis for the suspicion or accusation
directed against the subject. Unless the examiner is fully informed about
the case, he will not be in position to conduct an adequate pre-test
interview with the subject during which, appropriate questions to be asked
are formulated.

This phase includes:

1. Acquiring and evaluating the facts.


2. Determining the areas the subject needs to be asked.
3. The investigator must furnish the examiner the following:

a. Sworn statement of the suspect, witness and


victim/complainant
b. Incident report

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c. Background Investigation (BI) of suspects,
witnesses, and victim/complainant
d. Rough sketch or pictures of the scene and other
facts such as:
d.1 specific article and exact amount of money stolen
d.2 peculiar aspect of the offense or any strange set
d.3 exact time the offense was committed.
d.4 known facts about the suspect‘s action or
movement.
d.5 facts indicating any connection between the
suspects, victim and witnesses.
d.6 exact type of weapon or tools use.
d.7 laboratory test.

B. Pre-Test Interview

The pre-test interview with the subject prior to the test is considered
essential both for the purpose of conditioning the subject of the
examination and also to provoke and observe indications of guilt or
innocence. The examiner should not hold back any information from the
subject about the instrument, its attachment or recording. This will serve to
increase a lying subject concerned over possible detection.

The examiner should be friendly to the subject but reserve during


the pre-test interview. No accusatory approach is made in this phase. The
subject himself is usually the best source of information about his behavior.

The primary purpose of the pre-test interview is to prepare or


condition the subject for the test.

This phase includes:

1. The appraisal of subject‘s constitutional right.


2. Obtain subject‘s consent to undergo polygraph test by signing
statement of consent.
3. The taking of personal data of the subject.
4. Determine the suitability as a subject.
5. Clinical observation of the subject.
6. Evaluating the psychological preparation of the subject.
7. Informing the subject of his involvement of the offense.
8. To obtain his written consent which must be voluntarily and
freely given.

PERSONAL NOTES OF NESTOR C. NABE


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The pre-test interview is very essential. The success of polygraph
test greatly depends on the rapport existing between the examiner and his
subject.

During this period, attachment of the polygraph parts is made with a


brief explanation of the function of each accessory.

C. Conduct of Instrumentation or Actual Test

After the pre-test interview, the examiner should proceed to place


the attachment of polygraph components on the subject. In practice, the
first to be attached is the Pneumograph, followed by the Cardiosphy and
the Galvanograph. Review all the questions being prepared with the
subject before the actual examination is made. The examiner should
discourage any lengthy comments or statement by the subject respecting
the matter of incident under investigation or his disclaimer of responsibility
for it.

The instrument and polygraph technique and procedure have a


strong psychological effect upon a guilty suspect in inducing him to
confess. Confessions are sometimes given at a mere suggestion of the
test, upon seeing the instrument, after attaching the instrument but before
the actual test was commenced, and immediately after the test was
terminated.

Test instruction is given to the subject. Any movement of the body


will have an effect on the results on the cart paper. The answer of the
subject is limited to YES or NO in order to avoid distortion of tracing on the
chart.

Confession and or admission before the actual examination, during


or just after polygraph examination is admissible as court evidence and the
examiner may testify about it.

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D. Post Test

After the polygraph examiner has established the guilt of his


subject form the chart taken, he employs an interrogation technique to
secure an admission or confession. Procedure is as follows:

 Inform the subject that he cannot be cleared from his chart


 Convince the subject that the responses were created due to his
own emotions and not by mechanical manipulation by the examiner.
 Use persuasiveness, sympathetic attitude and perseverance in
eliciting admission or confession.
 Pointed out recorded reactions with a brief explanation of their
significance as an objective, a concrete and tangible evidence that
the eye can see and the mind can easily grasp.

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CHART MARKING

To facilitate evaluation and interpretation of test results or charts,


markings are made with the use of signs and symbols to enable the
examiner to determine the following:

 Exact time the test commenced and terminated


 Initial and final blood pressure
 Particular point where each questions asked
started and ended, corresponding identification of
the question, and the type and time of answer
given by the subject.
 Any instruction given or repetition of question
made
 Any movements cough, talking by the suspect or
outside destruction occurred.
 Mechanical adjustment made
 Extraneous factors affecting test charts such as
paper jams
 Chart number, name of subjects, time, date and
place taken.

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SIGNS AND SYMBOLS USED IN CHART MARKING

1. X

a. X indicates the beginning or start of the test.


b. Inform the subject that the test is about to begin
c. X is placed on the cart below the cardio tracing
d. Wait for 15 to 20 seconds before asking the first question in
order to record the normal patter of the subject.

2. XX

a. XX indicates the end or ending of the test


b. Mark XX below the cardio tracing
c. Inform the subject that the test is about to end by giving the
subject instruction to sit properly, the test is about to end,
blood pressure cuff will be released in a moment and
deactivate the instrument after 10 seconds without stimulus
insertion.

3. / //
a. when a question is asked, a vertical line is placed on the chart
below the cardio tracing.
b. The single vertical line indicates the beginning of the question
and the double lines indicate the ending of the question.

4. Question Numbering
a. Extreme care should be take to ensure that the correct
question number is used to identify the question asked and to
prevent misinterpretation of the test charts.
b. The numbering of the question on the chart can be done
between the stimulus mark, either below or to the right of the
stimulus marking.

5. +(plus), -(minus), and No sign


a. Plus sign (+) indicates that the subject answer the question
with YES, minus sign (-) indicates that the answer is NO. No
sign should be placed when the subject fails to answer.
b. Signs are placed below or at the right side of the number of
the question.

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6. __________________ T
a. talking by the subject other than the YES or NO, indicate at
the point subject starts to talk and again where the subject
stopped talking.
b. Signs are placed below or at the right side of the number of
the question.

7. C – cough
a. indicate on the chart letter C below the pneumo tracing where
the break is shown if the subject is coughing.
b. It can cause a sharp ring in the galvo and a break on cardio
pattern, depending on its intensity.

8. M or M___________M

a. indicate letter M for movements, and it should be placed


exactly above any break in tracings.
b. Prolong movement is indicated with the first M when
movement is noticed and second M when the movement
stopped, and draw a horizontal line between the two Ms to
determine the length of the movement.

9. I or I

The mechanical adjustment is done only when necessary and


shall be preceded by an irrelevant question and is indicated by
an arrow either pointing up or down adjustment to respective
pattern where the adjustment is made.

10. CT
CT is placed on the chart for clearing of throat, and is
frequently placed below the pneumo tracing, both galvo and
cadio tracings may be affected depending on its intensity.

11. OSN – outside noise


12. PJ – paper jam
13. CT – clearing of throat
14. OSN – outside noise
15. DB – deep breath
16. SN – sniff
17. MRH – movement of right hand
18. MLH – movement of left hand

PERSONAL NOTES OF NESTOR C. NABE


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19. Y – yawn
20. S- sigh

CHART INTERPRETATION

The accuracy of instrumental detection of deception is dependent


upon the examiner‘s ability to diagnose truth or deception by reading and
interpreting a subject‘s chart.

The polygraph chart is the composite record of the pneumograph,


cardiograph, and galvanograph tracing from one series of questions. The
chart is ruled vertically to represent time element at an interval of either in
second, five second or ten second divisions and horizontally in fractions of
¼ inch for amplitude measurements. There are three heavy, evenly-
spaced horizontal lines that serves as guidelines for the three tracings. The
motor that pulls the chart under recording pens has a constant speed of
either six to 12 inches per minute. A single test may consist of three or
more charts taken from one series of questions.

The pneumograph tracing normally found at the top of the chart is a


record of a subject‘s respiratory action during the questioning process and
is classified as normal or abnormal. The pneumograph consists of
inhalation and exhalation strokes with a normal amplitude of ½ to ¾
inches. The normal cycle rate is from 13 to a8 breaths per minute and may
vary in persons of exceptional physical build, condition, or respiratory
defect. Classification of abnormal cycle is generally applied to those
patterns that deviate from the normal cycle established by the individual.

ACCURACY OF POLYGRAPH RESULT

The accurateness of the polygraph result is dependent upon the


examiner‘s capability to diagnose truth or deception by reading and
interpreting the chart of the subject. If one can precisely interpret the
polygrams produced by the psycho-physiological responses, and in return
render a fair and impartial report to interested parties, no, purpose will
have been accomplished.

PERSONAL NOTES OF NESTOR C. NABE


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Cardinal Rule in Chart Interpretation

Any deviation from normal requires an explanation. The


accountability lies particularly with the examiner for determining whether a
change from normal is psychological or physiological in nature.

 False Positive – an erroneous decision that an


examinee is being deceptive when the examinee is
actually truthful.

 False Negative – an erroneous decision that an


examinee is being truthful when the examinee is in fact
actually being deceptive.

 Inconclusive result – this is the examiner‘s required


diagnostic opinion when an examinee‘s polygraph
record shows responses that are insufficient to
determine truthfulness of deception.

RULES THAT MUST BE FOLLOWED IN EFFECTIVE CHART


INTERPRERATION

1. There must be specific response.


2. To be specific, it must form a deviation from norm.
3. It must appear in at least two test charts
4. The best indication of deception is the simultaneous specific
responses in the three tracings of the chart.

SPECIFIC RESPONSE – is one that is exhibited by the subject to a


particular question which is a deviation from his norm.

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OTHER FACTORS TO BE CONSIDERED AS POSSIBLE DECEPTION
IN CHART EVALUATION

1. Distribution of reactions
2. Degree of reaction
3. Trend of gross curve
4. Rate of change of the curve
5. Latent period of reaction
6. Duration of reaction

THE LEGAL RULE IN CHART INTERPRETATION. Is that there must


be specific responses and the specific responses must appear consistently
the same in relevant questions in two or more chart.

PERSONAL NOTES OF NESTOR C. NABE


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PNEUMOGRAPH CHANGES THAT ARE INDICATIVE OF DECEPTION

1. change in rhythm or regularity


2. change in amplitude
3. change in the inhalation / exhalation ratio
4. notched or serrated inhalation / exhalation strokes
5. change in baseline
6. loss of baseline
7. hyperventilation
8. suppression
9. respiratory block

PERSONAL NOTES OF NESTOR C. NABE


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PNEUMOGRAPH TRACING INDICATIVE OF DECEPTION

Respiratory Block-appear at the end of exhalation


Respiratory Block-appear at the end of inhalation

Suppression – approaches but does not quite equal the typical respiratory blocks in A and B.
Staircase Suppression

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Rise from the Baseline

PERSONAL NOTES OF NESTOR C. NABE


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CARDIO TRACINGS THAT ARE INDICATIVE OF DECEPTION

1. Increase or decrease in blood pressure


2. Increase or decrease in pulse rate
3. Increase or decrease in amplitude
4. Change in position or disappearance of diacritic notch
5. Extrasystols – premature contraction of an auricle while fundamental
rhythm of the heart is maintained.
A. Risen from the baseline F. Roller Coaster Shape
B. Decrease in Pulse Amplitude
C. Less Dramatic Form (obese subject)
D. Dropped to Baseline
E. Slow Pulse
A1. To Much Cuff Pressure
A2. Deflation Cuff Pressure
B. To High Cuff Pressure
C. Blood Pressure – pulse tracing of very obese
D. Presence of burge amplitude – to be
E. Cuff Pressure is to Low reduce by lowering the cuff pressure
CARDIO RESPONSES NON-INDICATIVE OF DECEPTION

Consistently Irregular Relatively Small


(described as Ectopic) (Obese subject)

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E. Very Slow Pulse (described as Vagatonic)
F. Exceptionally Slow Pulse
G. Fluctuating Level of the Blood Pressure (reflective of nervousness)
H. Occurrence of Two Dicrotic Notches

PERSONAL NOTES OF NESTOR C. NABE


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GALVANIC TRACINGS THAT ARE INDICATIVE OF DECEPTIONS

1. Vertical rise at point of deception


2. Double saddle response
3. Long duration and/or degree of response following the point of
deception (change in galvo-activity)
4. Plunging galvo tracings

GALVANOGRAPH TRACINGS INDICATIVE OF DECEPTION

DECREASES WITH CORNEAL DEHYDRATION

INCREASE WITH CORNEAL HYDRATION


RELATED TO CHANGE IN HEIGHT OF COLUMN OF SWEAT IN
CORNEAL PORTION OF DUCT

HYDRATED CORNEUM DEHYDRATED CORNEUM

RESPONSE ONGOING RESPONSE

PERSONAL NOTES OF NESTOR C. NABE


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PLUNGING PEN AT STIMULUS

PERSONAL NOTES OF NESTOR C. NABE


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A
P
P
E
N
D
I
C
E
S

PERSONAL NOTES OF NESTOR C. NABE


92
FACTS OF THE CASE OBTAINED FROM CASE INVESTIGATOR

EXTRACTED FROM THE INVESTIGATION REPORT OF SAN PEDRO POLICE


STATION, DAVAO CITYH POLICE OFFICE.

BACKGROUND HISTORY OF POLY-012-2006

CASE: Alleged Robbery Hold-up

VICTIM: Mr. Rodel S. Carriedo, a businessman employed as training instructor of


security and detective agency in Davao City.

SUBJECT: Arnel Licayan Y Batubalani, a taxi driver

TIME/DATE OF COMMISSION OF CRIME: 0820 hrs. 27 September, 2007.

PLACE: Along Bolton Street, Davao City

FACTS OF THE CASE:

The victim alleged that at about 0815 hrs of the same date, he withdraw an
amount of P 45,000.00 from the PCI Equitable Bank of Davao City. That while on his
way towards the University of Mindanao, Bolton Street, Davao City, two men on board a
red motor bike with plate number DMC-2974 overtook the bicycle he was riding, then
one among the two motorcycle riding men pushed him down causing him to fell down.

After which, using a bladed weapon, the back waist bag was cut and taken from
him resorted to his out of balance and caused injury and torn his pants at the knee
portion.

That after taking the money, the said person who he later knows as Mr. Arnel
Licayan, the said perpetrator, board the motorbike and sped-off towards Bolton Street
direction.

The victim further alleged that he chased the suspects using his bike however,
he never located the suspects. He then went to San Pedro Police Station and reported
the matter happened, there and then they were able to board a patrol car and chase the
suspects but to no avail.

The victim Rodel was of doubt in identifying the suspect Arnel as the person who
really robbed him but looks like similar, not can he recall the attire whom by the suspects
then alleging that due to scare, he did not attempt to do so.

On the other hand, the suspect during interrogation denied the accusation
against him presenting alibis that were supported/corroborated by other witnesses.

Mr. Licayan alleged that he was at the barber shop owned by Lauro Deonito from
7:30 AM to 11:00 AM same date for his hair cut. He just came to know of the incident
while still at the shop through the ICOM radio holder who is monitoring the 911 mobile
activities.

PERSONAL NOTES OF NESTOR C. NABE


93
By these alleged accusations of the victims and alleged alibis of the suspect,
compelled the investigator to endorse the subject for Polygraph tests.

EXTRACTED BY:

GERMAN B. GUAZA
Police Superintendent

PERSONAL NOTES OF NESTOR C. NABE


94
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
Philippine National Police
Davao City Police Office
San Pedro, Davao City

MEMORANDUM:

FOR : RC, Crime Laboratory


(Attn: C, Polygraph Section)

FROM : City Director

SUBJECT : Polygraph Examination, request for:

DATE : 14 October, 2007

1. Request conduct Polygraph examination to the suspect in person of Leo delos


Reyes relative to the case charge against him as suspect for alleged rape which
transpired at Greenland, Dumoy, Davao City sometime on August 11, 2007.
2. Further request furnish copy to this office the result of your examination.
3. Request acknowledge receipt.

ROMEO M. VIDAL
Police Senior Superintendent

PERSONAL NOTES OF NESTOR C. NABE


95
PERSONAL DATA OF SUBJECT

NAME:__________________________ AGE:______ SEX:____


ADDRESS:______________________________________________
DATE OF BIRTH:_________________________________________
CIVIL STATUS:___________________________________________
OCCUPATION:___________________________________________
EDUCATION:____________________________________________
HOBBIES:_______________________________________________
PREVIOUS EXAMINATION:________________________________
PREVIOUS HOSPITALIZATION:______________________________
TIME SLEPT LAST NIGHT:_________________ TIME WORK UP:____
LAST MEAL TAKEN:___________________________TIME:________
PHYSICAL CONDITION:_____________________________________
MEDICINE TAKE:___________________________________________
DOSAGE:_____________________ TIME:__________________
DOCTOR‘S COMMENT:_________________________________
WINE TAKEN:___________ QUANTITY:__________ TIME:_________
COMPREHENSION:_________________________________________
SUBJECT‘S VERSION:_______________________________________
BEHAVIOR:
INITIAL INTERVIEW:____________________________________
QUESTION INTERVIEW:________________________________
DURING TEST:
COOPERATIVE__UNCOOPERATIVE:__BODY MOVEMENT__
FAILED TO FOLLOW INSTRUCTION___EVASIVE TACTICS___
AFTER THE TEST:
LEAVE THE ROOM IMMEDIATELY___INQUIRE ABOUT RESULTS__
WAIT FOR INSTRUCTION TO LEAVE__

REMARKS MADE:
_____________________________________________________________________________
_____________________________________________________________________________
__________________________

_____________________ ______________________
SUBJECT SIGNATURE POLYGRAPH EXAMINER

SOURCE: PNP-RCL XI

PERSONAL NOTES OF NESTOR C. NABE


96
POLYGRAPH EXAMINATION
Statement of Consent

In the presence of witnesses, whose signature below, my rights against self-


incrimination have been explained to me by the Polygraph examiner of the PNP Crime
Laboratory. He informed me that I have the right to remain silent, that anything I say may
be used as evidence against me; that I have the right to a lawyer of my own choice or
have one appointed for me to be present while examination is being conducted in
connection with the investigation of Alleged Robbery Hold-up of which I am a suspect.
He further explained to me the nature of the Polygraph Examination and the fact that I
cannot be required to submit to said examination without my consent.

Understanding my rights as stated above, I hereby voluntarily without duress,


coercion, unlawful influence, indictment, promise of reward, clemency or immunity,
submit to a Polygraph Examination with/without the assistance of counsel this 09th day of
October 2007.

Arnel B. Licayan
Examinee

WINTNESS/ES:

___________________

___________________

GERMAN BUSANO GUAZA


Police Superintendent
Examiner

PERSONAL NOTES OF NESTOR C. NABE


97
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
Philippine National Police
Davao City Police Office
San Pedro, Davao City

TEST QUESTION FOR ARNEL LICAYAN Y BATUBALANI

1. Is your name Arnel Licayan?

2. Are you sitting now?

3. Do you have something to do with the robbery hold-up that happened on


the morning of 27 September, 2006 wherein one Rodel Carriedo was the
victim?

4. Are you a member of a taxi driver‘s association?

5. Were you one of those person who held-up and robbed Mr. Rodel
Carriedo of P 45,000.00 on September 27, 2006?

6. Before you reached 39 years of age, have you committed any criminal
offense punishable by law?

7. Are you a taxi driver at present?

8. On the morning of September 27, 2006 at about 8:15 AM, did you ride a
motor bike?

9. Did you take an amount of P 45,000.00 from Rodel Carriedo?

10. While being a taxi driver, have you ever committed any crime punishable
by law?

1-3-2-5-4-6-7-8-9-10
1-2-5-6-4-3-7-8-10-9-5-6-8-10

PERSONAL NOTES OF NESTOR C. NABE


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PERSONAL DATA OF SUBJECT

NAME:__________________________ AGE:______ SEX:____


ADDRESS:______________________________________________
DATE OF BIRTH:_________________________________________
CIVIL STATUS:___________________________________________
OCCUPATION:___________________________________________
EDUCATION:____________________________________________
HOBBIES:_______________________________________________
PREVIOUS EXAMINATION:________________________________
PREVIOUS HOSPITALIZATION:______________________________
TIME SLEPT LAST NIGHT:_________________ TIME WORK UP:____
LAST MEAL TAKEN:___________________________TIME:________
PHYSICAL CONDITION:_____________________________________
MEDICINE TAKE:___________________________________________
DOSAGE:_____________________ TIME:__________________
DOCTOR‘S COMMENT:_________________________________
WINE TAKEN:___________ QUANTITY:__________ TIME:_________
COMPREHENSION:_________________________________________
SUBJECT‘S VERSION:_______________________________________
BEHAVIOR:
INITIAL INTERVIEW:____________________________________
QUESTION INTERVIEW:________________________________
DURING TEST:
COOPERATIVE__UNCOOPERATIVE:__BODY MOVEMENT__
FAILED TO FOLLOW INSTRUCTION___EVASIVE TACTICS___
AFTER THE TEST:
LEAVE THE ROOM IMMEDIATELY___INQUIRE ABOUT RESULTS__
WAIT FOR INSTRUCTION TO LEAVE__

REMARKS MADE:
_____________________________________________________________________________
_____________________________________________________________________________
__________________________

_____________________ ______________________
SUBJECT SIGNATURE POLYGRAPH EXAMINER

SOURCE: PNP-RCL XI

PERSONAL NOTES OF NESTOR C. NABE


99
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
Philippine National Police
REGIONAL CRIME LABORATORY OFFICE
Ecoland, Davao City

Polygraph Report No. P-012-06


CASE: Alleged Robbery Holdup SUSPECT/S: Arnel Licayan Y
Batubalani
VICTIMS: Rodel S. Carriedo

TIME AND DATE RECEIVED: 1005 Hrs. 04 October, 2006


REQUESTING PARTY/UNIT: Director
Davao City Police Office
Camp Leonor, Davao City

SPECIMEN SUBMITTED:
The person of Arnel Licayan Y Batubalani
XXX XXX XXX

PURPOSE OF LABORATORY EXAMINATION


To determine truth or deception based on the emotional and physiological
responses of the above-named suspects to questions relative to the case under
investigation.
XXX XXX XXX

FINDINGS:
Polygraph test charts taken from the above-named suspect exhibited no specific
responses of the above-named suspect to questions relative to the case under
investigation.

CONCLUSION:
The examiner is of the opinion the NO DECEPTION is indicative on the test
results of Arnel Licayan Y Batubalani – subject is telling the truth.

REMARKS:
The original copy of this result is retained in this office for future reference.

TIME AND DATE COMPLETED: 0935 Hrs. 10 October 2006

EXAMINED BY:
P/CINSP. GERMAN BUSANO GUAZA
Polygraph Examiner

NOTED/ APPROVED:
P/SUPT. ALMA N. PARRENO
Regional Chief

PERSONAL NOTES OF NESTOR C. NABE


100
What people say about the polygraph?

―The basic problem with the idea of using the polygraph to detect deception, it that it does not
detect deception. It detects emotional responses in the person to whom the polygraph is
attached. People may respond emotionally whether or not they are being deceptive. People may
fail to respond emotionally whether or not they are being deceptive‖.

- William G. Hagerbaumer

―Polygraphs are recordings of changes in skin resistance when certain questions are asked,
compared to a baseline when other questions are asked. If the change is big enough, the
polygraph examiner might signal the response ―deceptive‖. The basic theory underlying the use of
polygraphs is whenever a person lies, there are physiological changes in the body. Even if the
theory is right, in which case the machine could detect intentional lies, honestly mistaken answers
are not lies. Even at its best, the machine cannot detect departures from external truths; we need
a time machine for that…‖

- Professor Ian Begg, McMaster University Ontario Canada

‗Nothing definitive can be said about the results of polygraph examination. They are used,
however, to intimate people into being truthful, and can also be sued to intimidate people into
making false confessions.‖

―There is not direct correlation between emotions generated and deception, there is a wide
variation in test results…‖

―It is likely that many people will have an emotional response when they attempt to deceive. It is
important to realize that there are many other factors that lead to emotional responses. It is also
important to realize that not everyone has an emotional response when attempting to deceive‖

―Polygraph are not lie detectors, and amytal is not truth serum. These are just catchy
names…The main use of polygraphs is to bully ignorant people into making confessions…

PERSONAL NOTES OF NESTOR C. NABE


101
REFERENCES

Allego, C. Polygraph and Criminal Investigation., College of Criminology,


University of Cebu City.

Calang, V. Polygraph Examiner/Instructress. Criminology F.I.L.E


Academy

Dalilis, H. et al. Handbook in Polygraph Examination. College of


Criminology, University of Baguio, Baguio City.

Lajom, F. Criminalistics. Rex Bookstore. Manila Philippines

Fundamentals of Polygraphy. College of Criminology. University of Baguio,


Baguio City.

Gapasin, E. Handbook in Polygraphy. Polygraph Technician. DCPO-DS-


PNPRCLOXI

Geronimo, N. Polygraphy. Polygraph Division, Crime Laboratory, Camp


Crame, Quezon City.

Guaza, G. Forms in the Conduct of Polygraph Examination. PNP-RCLO


XI. Ecoland, Davao City

Pagnas, D., et al. Polygraphy. University of Baguio, Baguio City.

Philippine National Police – Crime Laboratory Office XI. Ecoland, Davao


City

Internet Researches: Hypnosis as a Method of Lie Detection


Use of the polygraph in Employment Situation
Legal Issues in Polygraph Use
Legal Standards for Use of Lie Detector

Student Researches

PERSONAL NOTES OF NESTOR C. NABE


102
COMPILED
BY

NESTOR C. NABE

Bachelor of Science in Criminology – University of Baguio, Baguio City


Master of Public Administration (units)- Mindanao State University
Master of Science in Criminology-Cagayan de Oro College
Ph.D Crim(units)-Phil. College of Criminology

Passed: Licensure Examination for Criminologists (85.70%)


NAPOLCOM PO1 Qualifying Examination
CSC PO1 Exam, CSC Sub Prof. Eligibility
PNP-IG Qualifying Exam-1st Place – RIO 15

Former Faculty Member, St. Benedict College, Cotabato City


Headstart College of Cotabato, Cotabato City
Program Head, Criminology Dept. UM Bansalan,

Present: Faculty Member/ Research Coordinator, College criminal Justice


Education, University of Mindanao.

Faculty Immersion: Davao City Jail-Bureau of Jail Management Penology (2010)


PNP- Regional Intelligence Unit XII, Gen. Santos City (2011)

Institutional Researches: Police Recruitment: Closer Look ( 2008)


Performance of UM Criminology Graduates in Pre-review and in
Licensure Examination for Criminologists: Basis for an Intervention
Scheme (Main Author, 2009)
Enforcement of Solid Waste Management Act of 2000 (RA 9003):
Basis for Enhancement Program (On-going)

Member: Regional Quality Assessment Team for Criminology Program


(RQUAT) – CHEDRO 12 (2007-2009)

Member: Professional Criminologists Association of the Philippines (PCAP)


Philippine Educators Association for Criminology Education (PEACE

PERSONAL NOTES OF NESTOR C. NABE


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