CHAPTER 1

BRIEF HISTORY AND

EARLY METHODS OF LIE DETECTION

INTRODUCTION

“Since the dawn of civilization, mankind has sought ways to distinguish truthfulness from lying in
those individuals suspected of criminal wrongdoing. Various inventive techniques for the
verification of truth and the detection of deception have been tried over the centuries, many of
these being ridiculous and cruel.

Despite their primitiveness, each technique was based on the assumption that some form of
physiological reaction occurred within a person when confronted with certain stimuli regarding
a specific event under investigation and that this physiological reaction would, in turn, be
manifested in certain recognizable external symptoms that were indicative of honesty or
deception”.

“The problem of detecting lies has always concerned humans; therefore, the history of
the polygraph, also known as the lie detector, has very deep roots”.

• The history of civilization is filled with attempts to detect lies and to verify the truth. During
the18th century some methods of detection included the Ordeal of Boiling Water. In
this test the subject would stick his hand in a pot of boiling water and if his hand did not
suffer a burn, he was believed to be telling the truth. Not too many people passed that
test.

• There was another similar test called the Ordeal of the Red-Hot Stones. Like the first
ordeal this was a lie test to see if God was on your side and without His divine help
you would have never passed the test. You would walk across red-hot stones, and if
your feet did not burn, you were believed to be telling the truth.

• No one really passed these tests because they rarely give them to innocent people. As
time marched on and man-made improvements in his lie detection, he based the lie test
on pure chance.
 • For instance, truth or lack of truth might be determined by a throw of a knife, or the
pattern of a handful of tossed stones. As most of you might have guessed these
methods were neither reliable nor scientific but least they were a little more humane.

ANCIENT WISDOM AND EARLY METHODS OF LIE DETECTION

A. Adam and Eve in the Garden of Eden – in Genesis chapter of the Old Testament

B. Ancient Babylonian Wisdom – 3,000 BC, found in cuneiform tablet.

Parties and witnesses were put on oath. The penalty for false witness was usually the
punishment that would have been awarded the victim if convicted. In matters beyond
human knowledge, such as the guilt or innocence of an alleged practitioner of magic or a
suspected wife, the ordeal by water was used. The accused jumped into the sacred
river, and the innocent swam while the guilty drowned. The accused could clear him
by taking an oath if the only knowledge available was his own.

Code of Hammurabi
Hammurabi, king of Babylon, united the diverse tribes in Mesopotamia by strategically
conquering territory in the region. During his rule (circa 1792 to 1750 BC), he proved to be
as able an administrator as a general. The Code of Hammurabi, a set of laws for the
conduct of individuals and society that he codified, is one of the first bodies of written law.

C. King Solomon’s Wisdom – in the Book of Kings of the Old Testament

Wisdom of Solomon
A story in the biblical book 1 Kings illustrates the reputation for wisdom of Old Testament
king Solomon. Two women ask Solomon to settle a dispute. Each had a son, but one son
has died. Each woman claims the living child to be her own. Solomon orders that the boy
be cut in half and shared. The first woman agrees, while the other begs Solomon instead
to give the child to her rival. Solomon awards the unharmed child to the woman who was
willing to sacrifice her claim to save the boy's life: Her compassion and love for the child
proved her to be the rightful mother.

D. Ancient Chinese Rice Test – Rice chewing techniques

In Ancient China (approx. 1000BC), dry rice was commonly utilized as a lie detector.
The Chinese believed that salivation ceased at times of emotional anxiety such as a strong
fear. An "examiner" had a suspect hold a handful of dry rice in his mouth while he was
asked a series of relevant questions. After questioning, the rice was examined. If it was
dry, the suspect was declared to be a liar. This means of deception detection was more
advanced than a subjective evaluation of a suspect by a tribe chief. As was assumed then
– and is currently supported by more recent evidence – the nervous tension created by
lying slowed or blocked the flow of saliva.

E. Sacred Ass Techniques (Magic Donkey) 1,500BC in India

 Another, more informative method of detecting deception with some psychological validity,
involved a donkey. Around 1500 BC Indian priests saturated a donkey's tail with carbon
residue from an oil lamp and placed the animal in a dark tent. The suspects were sent into
the tent and told that pulling the "magic" donkey's tail would reveal the liar (if a guilty
man pulls his tail, the donkey will bray). When the suspects came out, the priests
examined their hands. Those with clean hands had not touched the donkey's tail. It was
assumed that this was due to many suspects’ fear of their guilt being discovered, proving
they were liars. Variations of this test were also used by Chinese and Arabs.

F. Edge of the Cliff Technique – used in Ancient Sparta

A more rigid approach of detecting the truth was used in ancient Sparta. Before being
admitted to certain schools Spartan young men were required to pass the selection
criteria. The young men were ordered to stand on the edge of a cliff, and were asked if
they were afraid. The answer was always negative; however its integrity was determined
by the men’s complexion. It was concluded that the pale young men lied and they were
pushed from the cliff.

G. Blushing Test Technique – applied during the Ancient Rome

In Ancient Rome bodyguard screening was conducted using a similar method.

Bodyguard candidates were asked provocative questions. Those who blushed were
selected for the job. It was believed that if a person blushed in response to
provocative questions, he would not participate in plots.

H. The Smell-out Technique (Smelling out liars Test) – utilized by Ancient African tribes

African tribes have utilized their own method of detecting a guilty person. While
performing a special dance around a suspected individual, a sorcerer intensely sniffed
him. The "investigator" made a conclusion whether the suspect committed the crime
based upon the intensity of his body-odor (smell).

I. The Wrist Technique – during the Middles Ages in Europe

During the Middle Ages a suspect's pulse rate readings were collected for
determining his or her guilt. This method was employed for exposing unfaithful wives
and their lovers. The testing technique was very simple. A trained individual placed a
finger on a wrist of a woman suspected of infidelity, while mentioning names of the
men, who could have had an intimate relationship with her. The examinee's pulse
accelerated when she heard and, consequently, reacted to the name of her lover

J. The Bird’s Egg Technique – of West Africa

In West Africa persons suspected of a crime were made to hold and pass a bird's egg
to one another. The person breaking the egg was considered guilty, based on the notion
that his or her tremor-eliciting nervousness was to blame.
K. American Indian Knife Test – as used by American Indian Tribes, such as Cherokees, etc.

Ancient American Indian Tribes applied burning red hot hatchet into the tongue of the
suspect, if tongue get burned the subject is guilty. Its other type is (placing of hot iron into
the tongue of suspects and guilt is establishing when tongue burn or blister) basis:
Salivary secretion; if tongue is dry, suspect is guilty as dryness is a sign of
nervousness.

L. Maternal Instinct – The Greatest Lie detector of all – is your own “Mother”.

NOTABLE ANCIENT METHODS:

A. Torture
B. Trial by Combat
C. Trial by Ordeals

1. TORTURE –

In Ancient and Medieval times, they sought out ways to cut back on crime. Instead of
letting the criminals sit in a jail cell, like today, they would use different torture devices.

These devices came in all shapes and sizes and were meant to scare other would be
criminals into not doing the crimes committed by the person being tortured. Let’s check
these weird torture methods and devices:

NOTABLE TORTURE DEVICES

1. Thumbscrew

This was used to get a confession from the offenders. The fingers of the person were
placed in the device and crushed by the torturer turning the handle on the top. It could
last for a very long time and it was very painful. This was also used to crush a
person’s toes. They even made bigger versions of this device used to crush feet, knees,
elbows and even heads.

2. Saw Torture
This method was used to torture and kill the condemned person, which were typically
accused of witchery, adultery, murder, blasphemy, or theft. The accused was hung upside
down. This slowed down the blood loss by forcing the blood to the brain and it
humiliated the person. This type of torture could last for several hours. Some of the
victims would be cut completely in half, while some would only be cut up to their abdomen
in order to prolong their deaths.

3. Heretic’s Fork

This device was used during the Spanish Inquisition. It has two forks at opposing ends
of a metal rod. One of the forks would be placed under the chin, piercing the skin, and
the other end would be piercing the flesh in the upper chest. It didn’t puncture any vital
organs, so death would not take place during the use of this method, but it made
talking and neck movements impossible. While wearing this device a person’s hands
would be tied behind their backs, so they could not escape it. It would harm the person’s
neck and, often times, spread diseases.

4. The Knee Splitter

The whole purpose of this device was to make a person’s knees useless. It was used
in mainly during the Inquisitional period of time. This device was faceted with spikes, from
three to twenty of them, and depending on the crime committed, depended on the number
used. It had a handle the torturer would use to close the device. The spikes would mutilate
the skin and begin to crush the knee. They would also use the device on elbows, arms
and the lower legs. There were even instances that they would heat the device to cause
a maximum amount of pain. Death wasn’t a result of this device, but it the person refused
to cooperate they would use other means.

5. Iron Maiden

This iron cabinet with a hinged front was made to be a tall upright cabinet that would
enclose a human being. It would have a small opening, which was closable, so the
interrogator would be able to open and close it at their will. They would then poke the
bodies of the person with a sharp object. They would use knives, spikes, or nails and the
person inside were forced to remain standing in one position, ultimately causing their
demise.

6. Coffin Torture

This device was used in the Middle Ages. The condemned would be placed in the metal
coffin and left there for the appropriate amount of time. Depending on the crime, the
person could be left in there to die, while animals ate their flesh or they would be placed
on public display, which would cause their death. The people that would surround the
person in the coffin would throw rocks and poke the person with objects until they finally
became deceased.

7. Judas Cradle
This torture device is a pyramid shaped seat. The victim is placed on top of it, with the
point inserted into an orifice, then they are very slowly lowered onto it. The condemned
was usually naked in order to add to their humiliation. This device was thought to stretch
the orifice or to slowly impale the person. The stretching of the orifice would cause pain,
rips and tears, which would eventually cause death.

8. The Rack

This device is an oblong rectangle with a wooden frame. It was raised from the
ground with a roller either at one end or at both ends. One end had a fixed bar, where
the feet were locked onto it, and the other end had a moveable bar, where the hands were
tied to it. It had a lever that was used as the interrogation progressed. It was on a lever
and pulley system that would eventually cause the joints of the person being tortured to
dislocate and then separate. Eventually, the muscle fibers user bin, ligaments, and
cartilage would break separating the limbs from the body of the condemned.

9. The Breaking Wheel

This wheel of torture was used to kill criminals and it did that very slowly. This device
was a large wagon wheel. The criminal would be tied to the wheel, where the
punisher would proceed to use a hammer to break the bones of the other person.
Once that was completed, they were left there to die and even the birds would peck at
their flesh until death was complete.

10. The Brazen Bull

This device was designed in Greece by Perillos of Athens. He was a brass founder
and he cast the shape of a hollow bull with a door on the side. This condemned
person was shut in the bull. There was a fire lit underneath the device and because it
was brass it became yellow hot, which would cause the person to roast to death. It
was configured with tubes and stops, so when the person was screaming it would sound
like the bull was raging.

11. Rat Torture

Suspect’s hands and feet are tied down, and your stomach is covered with a metal
container with a rat inside. The container is slowly heated, and the rat rips through your
digestive tract to escape.

12. Head Crusher

This horrible device was used frequently during the Spanish Inquisition. The victim’s
chin was put on the bar on the bottom and his head beneath the cap on the top. The
torturer would then turn the screw and press the bar and cap together. This would
compress the skull, shattering the victim’s teeth. The compression would continue
for hours. Eventually the eyeballs would pop out of the sockets.

13. Impaling
 The typical technique of psychos such as Vlad the Impaler was to have your buddy sit on
a very sharp pole. The pole would penetrate the anus and the abdomen. The pole
would be put upright and the poor SOB would slide down the pole. Sometimes, the pole
would rip through the breast plate. The tip of the spear might lodge under the chin so
that the person could slide no more. It’s reported it could take 1-3 days for the person to
expire.

14. The Breast Ripper

This was used as a particularly horrific torture for sinful and/or deceitful women. The
claws of this horrific instrument were put on the subject’s breasts. They often were
heated to be red hot. They were then yanked to either tear off or shred the woman’s
breasts. If the victim didn’t perish, she was horribly disfigured for life.

15. Electrocution

One of the present and modern Torture Devices.

Typical example: Hooded Man at Abu Ghraib. An Iraqi detainee at Abu Ghraib prison
outside Baghdād, Iraq, was told that wires attached to his body were electrified and that
he would be electrocuted if he fell. The evidence photograph taken of him was one of
many that sparked investigations into the conduct of U.S. military personnel at Abu
Ghraib and other detention facilities.

2. TRIAL BY COMBAT –

Trial by Combat, method of adjudicating legal disputes by personal combat

between the litigants or their appointed champions.

The practice apparently originated among primitive German tribes about the 1st century
A.D. and spread to many countries of Europe, notably to France, where trial by combat
was a recognized legal procedure after the 10th century.
 Trial by combat (or battle) is believed to have been introduced to England by the
Normans, although it was well used in other parts of Europe and is thought to have
originated in Germany.

The last judicial duel in France was fought in 1547. Trial by combat was one of the
French customs imported to England in the 11th century by King William I of England.

• GLADIATORIAL COMBAT – Gladiators were trained fighters who performed armed

combat in the arenas of ancient Rome. The first Roman exhibition battle was in 264
B.C., and the practice continued until about 500 A.D. The gladiators, who were often
slaves or criminals, fought to the death. Those who were repeatedly successful received
great acclaim and might be relieved from further battles.

3. TRIAL BY ORDEALS –

Trial by ordeal was an ancient judicial practice by which the guilt or innocence of
the accused was determined by subjecting them to an unpleasant, usually
dangerous experience. Classically, the test was one of life or death and the proof
of innocence was survival. In some cases, the accused was considered innocent if they
escaped injury or if their injuries healed. (Eg. "Ordeal of cold water“).

In medieval Europe, like trial by combat, Trial by ordeal was considered a judicium Dei:
a procedure based on the premise that God would help the innocent by performing a
miracle on their behalf.

The practice has much earlier roots, however, being attested as far back as the Code of
Hammurabi and the Code of Ur-Nammu, and also in animist tribal societies, such as the
trial by ingestion of "red water" (calabar bean) in Sierra Leone, where the intended effect
is magical rather than invocation of a deity's justice.

LAW IN THE MIDDLE AGES

TYPES OF TRIALS:

• 1. Trial By Ordeal

Trial by ordeal was when a person's innocence was tested by putting them in a dangerous
position having them do a difficult test such as:
 1. Swallowing poison
2. Pulling an object from boiling oil
3. Walking over nine red-hot ploughs
4. Carrying red-hot piece of iron over a certain distance
5. If a burn got infected or blistered the judges would rule that person guilty

• 2. Trial By Battle

1. Trial by battle was when two nobles fought, usually until one of them died.
2. the winner was assumed innocent because God would only protect an innocent person
3. Only noblemen had the right to trial by battle
4. Noblewomen could choose any champion to fight on her behalf
5. Trial by ordeal and trial by battle were common ways of deciding if a person was
innocent or guilty but were outlawed later in the Middle Ages

NOTABLE TYPES OF ORDEALS

1. Ordeal of Water

Here the accused was thrown into a pit or pool of water. If he sank he was innocent,
if he floated he was guilty. To our eyes one would have thought it should have been the
other way around, as there is not a lot of point in being found innocent if it means death
by drowning. Presumably they managed to get the accused out before this happened.
Ordeal by water was mentioned in Henry II’s Assize of Clarendon of 1166: (staying in the
water for several “moons” and “suns”) basis: Fear reaction wears down body
resistance due to nervousness and guilt is therefore noted.

2. Ordeal of Boiling Water (Trial by Pot)

First mentioned in the 6th cent. Lex Salica, the ordeal of hot water requires the accused
to dip his hand in a kettle of boiling water and retrieve a stone. King Athelstan made a
law concerning the ordeal. The water had to be about boiling, and the depth from which
the stone had to be retrieved was up to the wrist for one accusation and up to the elbow
for three. (plunging into giant pots full of boiling water); basis: Sweating of body
enhances blisters and burns; if suspect gets burned, he is guilty, as guilty as
indicated due to sweating and nervousness.

3. Ordeal of Cold Water

The ordeal of cold water has a precedent in the Code of Ur-Nammu and the Code of
Hammurabi, under which a man accused of sorcery was to be submerged in a
stream and acquitted if he survived. The practice was also set out in Frankish law but
was abolished by Louis the Pious in 829. The practice reappeared in the Late Middle
Ages: in the Dreieicher Wildbann of 1338, a man accused of poaching was to be
submerged in a barrel three times and to be considered innocent if he sank, and guilty if
he floated.

4. Ordeal of the Cross

The ordeal of the cross was apparently introduced in the Early Middle Ages by the
church in an attempt to discourage judicial duels among the Germanic peoples. As
with judicial duels, and unlike most other ordeals, the accuser had to undergo the ordeal
together with the accused. They stood on either side of a cross and stretched out their
hands horizontally. The one to first lower his arms lost. This ordeal was prescribed
by Charlemagne in 779 and again in 806. A capitulary of Louis the Pious in 819] and a
decree of Lothar I, recorded in 876, abolished the ordeal so as to avoid the mockery of
Christ.

5. Ordeal of Ingestion

Franconian law prescribed that an accused was to be given dry bread and cheese
blessed by a priest. If he choked on the food, he was considered guilty. This was
transformed into the ordeal of the Eucharist (trial by sacrament) mentioned by Regino of
Prüm ca. 900: the accused was to take the Eucharist after a solemn oath professing his
innocence. It was believed that if the oath had been false, the criminal would die within
the same year.

6. Ordeal of Poison

Some cultures, such as the Efik Uburutu people of present-day Nigeria, would
administer the poisonous calabar bean (known as "esere" in Efik) in an attempt to
detect guilt. A defendant who vomits up the bean is innocent. A defendant who becomes
ill or dies is considered guilty. Residents of Madagascar could accuse one another of
various crimes, including theft, Christianity, and especially witchcraft, for which the ordeal
of tangena was routinely obligatory. In the 1820s, ingestion of the poisonous nut caused
about 1,000 deaths annually. This average rose to around 3,000 annual deaths between
1828 and 1861.

7. Ordeal of Boiling Oil

Trial by boiling oil has been practiced in villages in India and in certain parts of West
Africa, such as Togo. There are two main alternatives of this trial. In one version, the
accused parties are ordered to retrieve an item from a container of boiling oil, with
those who refuse the task being found guilty. In the other version of the trial, both the
accused and the accuser have to retrieve an item from boiling oil, with the person or
persons whose hand remains unscathed being declared innocent.

8. Ordeal by Divination

A Burmese ordeal by divination involves two parties being furnished with candles
of equal size and lighted simultaneously; the owner of the candle that outlasts the
other is adjudged to have won his cause. Another form of ordeal by divination is the
appeal to the corpse for the discovery of its murderer.

9. Ordeal by Red-Hot Iron

The defendant would be required to pick up and carry a measure of iron weighing
one pound after it had been heated over a fire. He would have to carry this nine feet,
as measured by the length of his own foot. (Thus, short adolescents would have to
carry the heated metal less distance than a long-legged adult, and so on.) If the case
involved a serious crime such as murder or betrayal of one's lord, the weight of the iron
would be three pounds rather than one. Here the accused would have to walk a set
number of paces holding a piece of heated iron. The hand was then bound – if the wound
healed cleanly he was innocent.

10. Ordeal of the Balance

(by balancing of stick on the lever, or by balancing thru walking on the rods and
ropes); basis: body incoherence and failure to balance is indicative of guilt due to
trembling and fear reaction. Wise legislators conversant with every law have
proclaimed, after mature consideration, the following rules regarding the mode of
performing the ordeal by balance, which may be administered in every season. The beam
of the balance should be four Hastas in length, and the height of the two posts (above
ground) should be the same. The intermediate space between the two posts should
measure one and a half Hastas.

11. Ordeal by Hot Water

Court officials would heat a laundry cauldron to the boiling point, then throw a stone
into the bottom. The plaintiff must pluck out the stone to prove his innocence. In serious
cases, she must plunge in her arm up to the elbow. If the defendant was a priest, however,
he faced a special category of trial by ordeal – "Trial by the Host."

12. Ordeal by the Host (Trial by the Host)

 A priest could prove his innocence by going before the altar and praying aloud that
God would choke him if he were not telling the truth. He would then take a piece of
the host and swallow it. If he swallowed it easily with no visible sign of discomfort, this was
felt to be supernatural proof of his innocence. However, if he choked or had difficulty
swallowing, this was thought to be supernatural proof of his guilt or deceit.

13. Ordeal by Fire (Trial by Fire)

The accused was forced to hold a red-hot metallic piece for a few seconds. The
wound was covered and in three days, if the wound healed, the accused was helped by
God and therefore he was innocent. On the other hand, if the wound began to fester, God
did not help him and he was guilty.

14. Ordeal by Bread (Trial by Cake)

Usually reserved for the nobility, the ordeal by bread consisted in forcing the
accused to eat a full slice of bread without chewing. If the accused choked, he was
guilty. If he didn't, God helped him and therefore he was innocent. The person would have
to swear on a piece of cake (or bread) that they were innocent, and then eat it. If they
choked they were guilty.

15. Ordeal by Red-Hot Stones

The Ordeal of the Red-Hot Stones. Like the first ordeal this was a lie test to see if
God was on your side and without His divine help you would have never passed the
test. You would walk across red-hot stones, and if your feet did not burn, you were
believed to be telling the truth.

OTHER TYPES:

• Icelandic ordeal
An Icelandic ordeal tradition involves the accused walking under a piece of turf. If
the turf falls on the accuser's head, the accused person is pronounced guilty. An
ordeal by wind involves the accused being tied to a pole on a windy day, if the pole bent
or broke then the accused was judged guilty.

THEORY OF ORDEALS

No one alive today believes ordeals were a good way to decide defendants’ guilt.
But maybe they should. This paper argues that ordeals accurately assigned accused
criminals’ guilt and innocence. They did this by leveraging a medieval superstition called
Judicium Dei (judgments of God). According to that superstition, God condemned the
guilty and exonerated the innocent through clergy conducted physical tests.
Medieval citizens’ belief in Judicium Dei created a separating equilibrium.
 Guilty defendants expected ordeals to convict them. Innocent defendants expected
the reverse. Thus, only innocent defendants were willing to undergo ordeals. Conditional
on observing a defendant’s willingness to do so, the administering priest knew he or she
was innocent and manipulated the ordeal to find this.

Theoretical approaches

According to a theory put forward by economics professor Peter Leeson, trial by ordeal
may have been effective at sorting the guilty from the innocent. On the assumption
that defendants were believers in divine intervention for the innocent, then only the truly
innocent would choose to endure a trial; guilty defendants would confess or settle cases
instead.

Therefore, the theory goes, church and judicial authorities could routinely rig
ordeals so that the participants—presumably innocent—could pass them. Of
course, the authorities could rig ordeals for all sorts of other reasons, without regard for
guilt or innocence, which they themselves may not know.