Quiz in polygraphy

Notes in Crim5 (Polygraph)

PreparedBy: Dr. Jezreel Vicente THE SUBJECT

TYPES OF SUBJECT FOR LIE DETECTION OR INTERROGATION IN CRIMINAL CASES: I. SUBJECT WHOSE GUILT IS DEFINITE OR REASONABLE A. Emotional Offenders 1. Person who commit crimes in the heat of passion, anger or revenge [homicide injuries, etc.] 2. Persons whose offenses are accidental in nature like hit and run motorist. Emotional offenders have a feeling of remorse, mental anguish as a result of his act. HE is bothered by his conscience and has difficulty of resting or sleeping. Techniques for this kind of Subject a. Display an air of confidence on the subjects guilt b. Pint out the circumstantial evidence indicative of guilt c. Sympathize with the subject by telling him that anyone else under similar conditions or circumstances have committed similar offense. d. Reduce a subject feeling by minimizing the moral seriousness of the offense. e. Sympathize with the subject by condemning his victim or his accomplice, or anyone else whom some degree of responsibility might conceivably be placed for the commission of the crime in question. f. Express friendship in arguing with the subject to tell the truth by: 1. Extend external sympathy by such friendly gestures as a pat on the shoulder or knee, or by a grip of the hand 2. Tell the subject to tell the truth for the sake of his own conscience; or moral well-being, as well as because it is the only decent and honorable thing to do. 3. Let the subject talk of his misfortune and troubles in general, listen and console as a very mush interested and understanding friend. h. Indicate to the subject, as a reason for telling the truth the possibility of exaggeration on the part of his accuser. I. Seek a general admission of guilt. B. Non-Emotional Offenders These are persons who commit crimes for financial gain, theft, robbery, killing for money, or more, particular persons who are repeaters. These offenders have no moral guilt not troubled by conscience. They do not wake up at night. His only concern is that will he be going to be caught. Techniques for non-emotional offenders: a. Point out the fertility of resistance b. Appeal to the subject’s prude by well-selected flattery, or by a challenge to his honor. c. When co-offenders are being interrogated and the previously described techniques have been found to be ineffective “Play one against the other” [point out that among one of them has already admitted his guilt and implicit him in the offense]

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Notes in Crim5 (Polygraph)

PreparedBy: Dr. Jezreel Vicente

The (3) General Types of Subjects. A. Suspect - Offenders of society who are presumed to have committed the crime. B. Complainants - Are those persons who are offended by the suspects. C. Witnesses - A person who knows something about the crime. NOTE: All Subjects must be in good physical and mental condition before he/she may be submitted for polygraph Examination. The following may not be submitted for Polygraph Test: 1. Person who has extreme nervousness. 2. Person who has physiological abnormalities such as high blood pressure/hypertension, heart disease, respiratory disorder, toothaches, severe headaches and practically any painful ailments. 3. Person with mental abnormality. 4. Unresponsive persons, such as person who suffer mental fatique or under the influenced of drugs or alcohol. KINDS OF SUBJECT IN POLYGRAPH EXAMINATION B. AS TO AGE 7-12 Years Old: Fantastic Stage of Subject 13-19 Years Old: Fantastic and Reality Stage of Subject o Association to gang/groups o Age of imitation and idolatry o Most juvenile delinquents are at this stage o Ego is developed 20-25 years old: Ego of the Subject Begins to Lessen o They realize that they are not that important persons o They begin to be adults o They become responsible o At this stage girls start to marry o They begin to be sociable 26-60 Years Old: They Can be the Best Witnesses o He begin to realize his place in the society o Materialistic o They are already matured o Temper begins to lessen 61 Years Old to Death o Begin to act like children o Memories are like children o Senses are already defective o They are not quite good witnesses o They need respect from others o They are irritable and sensitive o Become more religious o Preparation to death o Beginning to tell experiences of the past

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Notes in Crim5 (Polygraph)

PreparedBy: Dr. Jezreel Vicente

THE EXAMINATION ROOM CHARACTERISTICS OF THE EXAMINATION ROOM 1. 2. 3. 4. 5. 6. 7. 8.

It must be semi-sound proof room. Free from irrelevant noises. No other spectators allowed in the room. No conversation of persons outside the examination room. No ringing of telephones, pagers or cellular phones. The arresting officer should be kept out. It should contain no ornaments, picture or other objects. The subject should not face a glass window or another room during the test because of the possible destruction, which may affect test responses. 9. The lightning fixture of the room should be arranged in such a way to provide good but not excessive glaring illumination. 10. Should be adequately ventilated, with an even and comfortable temperature. 11. There should be an observation room or a one way mirror or the arrangement should be similar to a psychology laboratory. It should be concealed with an equipped microphone, camera, video cameras, so that outside the observation room can hear a well as see what occurs on the examination room. TEST PROCEDURE IN POLYGRAPH EXAMINATION The reliability of polygraph examination depends on the examiner, but the employment of the polygraph has its limitations to include: 1. It is an invaluable aid but not a substitute for investigation 2. It does not determine facts; it records responses from the subject knows to be true 3. It is not a lie detector; it is scientific diagnostic instrument 4. It is as accurate as the examiner is competent 5. The test should not be administered until enough facts of the case have been established to permit an examiner to prepare a complete set of suitable question. 6. A test should not be administered without the voluntary consent of the subject. 7. No indication will be given to any person or written in any report that a person is guilty because he refuses to take the test. 8. The test should not be administered until the accusation has been explained to the subject. 9. No attempt to use the polygraph for mental or physical evaluation of any person. 10. Examination should not be conducted to unfit subjects. LIMITATIONS EXAMINATION

OF

THE

SUBJECT

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UNDERGO

POLYGRAPH

1. The subject must have a good night sleep atleast five (5) hours prior to the test. 2. The subject must refrain from smoking for atleast two (2) hours prior to the test. 3. The subject should not undergo prolonged interrogation prior to the test. 4. The subject must not have been subjected to physical abuse or body contact. 5. The subject must refrain from drinking alcoholic beverages or any drugs 12 hours before the test. Page 3

Notes in Crim5 (Polygraph)

PreparedBy: Dr. Jezreel Vicente

6. The subject must not be suffering from any temporary illnesses like headache, toothache, menstruation (female), colds, etc. 7. The subject should be physically fed. 8. The subject should not be engaged in sexual activities few hours before the test. Undergoing a lie detector test can be an intimidating experience that can challenge the nerves of even the most enduring person. You are sitting there with wires and tubes attached to and wrapped aound your body. Even if you have nothing to hide, you could be afraid that the metal box instrument sitting next to you will say otherwise. Polygraph examination is long process that can be divided into several phases. HOW DOES THE PROCESS WORKS? 1. The examiner receives and reviews the facts of the case. 2. The examiner explains the test process to the subject and reviews the facts of the case during pre-test interview. 3. The examiner designs the specific questions and read each question to the subject to make sure each one is easily understood. 4. The polygraph instrument is attached on the subject’s body and he is given an additional instruction. 5. The questions are read to the subject several times while the polygraph sensors are attached on the subject’s body. 6. After charts (polygram) have been run, the examiner analyses the charts and develops a numerical score for the test. This score results in a conclusion of truthful, deceptive or inconclusive. 7. The examiner will transmit the test result to the client verbally and a written report maybe requested. NOTE: Polygraph examination is conducted in a private room with no other person permitted in the examination room during the test except if an interpreter is needed. PHASE I. INITIAL INTERVIEW WITH THE INVESTIGATOR HANDLING THE CASE It is essential to the examiner to obtain accurate information concerning all the available facts and circumstances that form the basis for the suspicion or accusation directed against the person to be examined in order to conduct a satisfactory polygraph examination. If the victim or other witnesses to an occurrence are available, they should be interviewed. Whenever several investigator have been working on the case, they should be interviewed, otherwise the examiner may obtain only garbled version of the facts of the case. For better polygraph examination purposes than more verbal description or even photographs, a crime scene sketch prepared by the investigator is preferred. Unless the examiner is fully informed about the case, he will not be in the position to conduct a sufficient pre-test interview with the subject. It is during this phase that the relevant, irrelevant, control and sometimes, guilt complex questions are formulated. It is also helpful to the examiner to know as much about the subject and his background as is available. Such information facilitates the pre-test interview as well as post test interrogation of a lying subject.

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Notes in Crim5 (Polygraph)

PreparedBy: Dr. Jezreel Vicente

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 or spot report. c. Background investigation (BI) of suspects, witnesses, and victims/ complainants. d. Rough sketch or pictures of the crime scene and other facts such as:  specific article and exact amount of money stolen  peculiar aspect of the offense or any strange set.  The exact time of the commission of the offense  Known facts about the suspect’s action or movement.  Facts indicating any connection between the suspects, victims and witnesses.  Exact type of weapon, tool or firearm used  Result of the laboratory test  Unpublished facts of the offense known only by the victim, suspects and the investigator of the case. PHASE II. PRE-TEST INTERVIEW The examiner pre-test interview with the subject prior to the test is considered essential both for the purpose of conditioning the subject for the examination and also to provoke and observe indications of guilt of 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 the subject’s constitutional rights 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 his suitability as the subject 5. Clinical observation of the subject. 6. Evaluating the psychological evaluation of the subject. 7. Informing the subject of his involvement of the case investigated. The type of test that the examiner will conduct is based on the pre-test interview. It also serves to condition the subject physiologically for the test upon meeting the subject for the first time. The polygraph examiner identifies himself and shakes hands with the subject. He then guides the subject to sit on the chair. The examiner will also pulls out a chair and set himself infront of the subject. The examiner then informs the subject of his constitutional rights and proceed to secure the subject’s consent to undergo polygraph examination. Should the subject given his consent, he is told to sign a “statement of consent” in duplicate, then the examiner will ask the subject whether he was already examined by other polygraph examiner for the same case or other separate case. Page 5

Notes in Crim5 (Polygraph)

PreparedBy: Dr. Jezreel Vicente

If the answer of the subject is positive, the examiner will about inquire details of the test as to where it was conducted, who conducted the test, the examiner will also ask whether or not the subject was informed of the result of the past test that was conducted if any. (As a matter of professional ethics, a polygraph examiner should not continue the test if the subject was previously examined by any polygraphist for the same case, except, for a worthy cause or reason). After this, the examiner will then obtain information regarding the subject’s biodata for file or reference. Any person who shall be subjected to undergo polygraph examination should be informed of the following rights: 1. 2. 3. 4. 5. 6. 7. 8. 9.

To be examined by a qualified examiner. To be determined if fit for the examination To be informed of the reason for the lie detector test. To have an explanation of the lie detector machine and what it does. To give consent to the subject about the test. Not to be compelled to undergo prolonged questioning. Not to be exposed to oral criticism or abuse. Not to be exposed to physical, mental, psychological abuse, and To refuse to submit to the lie detector test.

PHASE III. THE ACTUAL TEST: THE CONDUCT OF INSTRUMENTATION After the pre-test interview, the examiner will proceed to place the attachment of polygraph components on the subject. In practice, the first to be attached is the pneumograph, followed by the cardiosphymograph and the galvanograph. Review all the questions being prepared with the subject before the actual examination is conducted. 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. Test instruction is given to the subject. Any movement of the body will have an effect on the results of the chart paper. The answer of the subject is limited to YES or NO in order to avoid distortion of tracing on the chart. PHASE IV. POST TEST INTERVIEW/ INTERROGATION This phase includes all consideration that bears on the examination just after the instrument are turned off. If there are significant fluctuations that show up on the polygraph test result that may signal the subject has been deceptive, especially if the person displayed similar responses to the question that was repeatedly asked, the examiner will then proceed to conduct short interrogation. The purpose of which is to obtain confession or admission. However, if the chart of the polygraph indicates that the subject is innocent, the examiner will just release the subject cordially and thanks him/her for the cooperation shown. Whether you pass or fail a polygraph examination, it will often have very little legal importance. Often, defense lawyers boast that their client has passed a polygraph. Of course, you will rarely hear of a defendant taking a polygraph if he/she failed it. In the next lessons, you will learn on the legalities of polygraph examination and its acceptability as court evidence.

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