Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1 No. 1Criminal
JanuaryJusctice
2011 Research
Advancing
Print ISSN 2362-7484 Online ISSN 2362-7506
doi: http://dx.doi.org/10.7828/acjr.v1i1.498
may fail to detect lies because the subject is on drugs, makes deliberate
muscular contractions or has a psychopathic personality (Bennett &
Hess, 2004).
Most courts refuse to admit the results of polygraph (lie detector)
test in either civil or criminal proceedings, unless admissibility is
agreed to by both parties. The reliability of polygraph is questionable,
particularly when the test is administered by unqualified operators
(Del Carmen, 2001).
Many judges still do not allow evidence from polygraph tests to
be presented during trials. Judges have more freedom to decide to
use polygraph evidence than they did in the 1920s. However, a 1993
Supreme Court decision in the case of Daubert V. Merrell versus
Dow Pharmaceuticals, did not involve lie detectors, but the decision
applies to all types of scientific evidence and expert testimony in trials,
polygraph test was included (Yount, 2007).
The polygraph test results as evidence in criminal trials continues
to debated, and little evidence has emerged as of late suggest this
controversy is likely to wane. On the contrary, the recent series of
debates have emerged concerning the relevance of polygraph testing
in a court of law. Currently, polygraph test may be admitted into court
into two ways. With prior stipulation of both the prosecution and the
defense, the defendant may take a polygraph test with the agreement
that the prosecutor will drop the test if passed, but may enter the test
results into evidence without objection if the test is failed (Myers,
2006).
A debate concerning the validity of this test instrument has
maintained for over 85 years ago, since the first polygraph device was
introduced. This analysis takes into account court cases that address
the issue and the available literature and relevant studies that support
judicial decision-making. The conclusion arrived at this particular
testing device has not attained a level of scientific support to warrant
unqualified judicial acceptance (Yocom, 2007).
Encouraging disclosure of information is an essential task of
probation intervention with sex offenders. Daniel Wilcox, Dan
Sosnowski and David Middleton argue that the polygraph, or lie
detector, can help to achieve this aim, and play an important role in
assessing risk, treating and managing sex offenders on probation or
license. The result in polygraph test in USA suggests that workers
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2002).
Most research on polygraph has examined the techniques
laboratory success in singling out deceptive from truthful subjects. This
article, in contrast, views lie-detector test as a social control convention
and focuses upon the techniques social organization and interactive
context. Drawing upon in-depth interviews with polygraph examiners
and the second authors lengthy experience as a practicing examiner,
the article describes the examiners craft and the test encounter. The
setting and interaction are organized toward two interrelated goals:
to produce good charts and to generate admissions and confessions
(Davis, 1984).
The instrumental collection of physiological data for lie detection
was first applied to the problem of identifying criminal suspects, an
area still in prominent use today. Published reports of the polygraph
being used in a screening capacity first appeared in the 1930s. A small
handful of polygraph examiners were beginning to conduct routine
testing of bank employees in the Chicago area to resolve shortages.
Many thieves were reportedly found, but typically more thefts were
uncovered during polygraph testing than had been previously known.
In his monograph, Keeler (1931) wrote that, out of 12 banks there were
none that didnt have three or more embezzlers within the bank. At
that time Keeler was just beginning to make a reputation for himself
and his device, thanks to his resolution of several sensational cases and
the enthusiasm of news reporters, and the legend of the lie detector
was born (Kleiner, 2002).
The profession of polygraph uses physiological measures to
improve the detection of deception. The science most relevant for
assessing the utility of these measures is that of psychophysiology.
Forensic applications of polygraph techniques rely primarily on
the Control or Comparison Question Test (CQT). The author describes
the CQT and its theoretical basis, and how it is used and evaluated
by the polygraph professionals, and by scientists at arms length from
the polygraph community. Because the CQT (a) has a weak theoretical
foundation, making it unlikely that it can be as accurate as polygraph
proponents claim, (b) is biased against the innocent, and (c) may be
subject to countermeasures used by the guilty to appear truthful, CQT
results cannot constitute evidence of either deception or truthfulness. In
the absence of insight into brain mechanisms that underlie deception,
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Weighted
Mean
Std Devn
Verbal
Description
Item 1
(Competency of the examiner)
2.44
0.93
Fair
Item 2
(Experience of the examiner in
conducting Polygraph test)
2.30
0.97
Fair
Item 3
(Educational Background)
2.30
0.89
Fair
Item 4
2.28
(Has an intense interest in the polygraph)
0.83
Fair
Item 5
(A good practical understanding of
human nature)
2.24
0.80
Fair
Item 6
(Not an impartial seeker of truth)
1.58
0.70
Low
Item 7
(Has knowledge about the instrument
and its limitations)
2.26
0.85
Fair
Item 8
(Has a desire to give all possible
safeguards against error)
2.08
0.70
Fair
Item 9
(Allowing any personal feelings,
sympathies or prejudice to the subject)
1.50
0.74
Low
2.12
0.65
Fair
Overall
Weighted
Mean
Std Devn
Verbal
Description
Item 1
(Questions are simple and specific)
2.40
0.83
Fair
Item 2
(Questions do not involve in legal
terminologies)
2.34
0.87
Fair
Item 3
(Answerable by Yes or No)
2.46
0.95
Fair
Item 4
(Clear in a language that the subject can
easily understand)
2.32
0.91
Fair
Item 5
(Never containing an inference that
presupposed knowledge on the part of
the subject)
2.20
0.76
Fair
Item 6
(Not in a form of accusation)
2.10
0.65
Fair
Item 7
(Refer to only one offense)
2.06
0.68
Fair
33
Item 8
(Not contain influence to ones religion,
race, or belief)
1.90
0.71
Fair
Overall
2.24
0.65
Fair
Weighted
Mean
Std Devn
Verbal
Description
Item 1
(Good physical and mental condition of
the subject)
2.60
0.95
Moderate
Item 2
(The subject has a good night sleep for at
least (5) hours prior to the test)
2.40
0.81
Fair
Item 3
(The subject is not subject to physical
abuse or body contact)
2.28
0.81
Fair
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Item 4
2.24
(The subject does not undergo prolonged
interrogation prior to the test)
Overall
2.38
0.82
Fair
0.76
Fair
Weighted
Mean
Std Devn
Verbal
Description
Item 1
(The exam is conducted in a quiet,
private, and 90% sound proof room)
2.20
0.90
Fair
Item 2
(The room is containing no decorations,
pictures, paintings or other objects on a
wall)
2.02
0.89
Fair
Item 3
(The subject is not subject to physical
abuse or body contact)
2.24
0.89
Fair
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Item 4
(The room is very conventional as to
painted walls and furniture)
2.18
0.83
Fair
Item 5
(The subject faces the glass window or
another room during the test)
1.72
0.70
Low
Item 6
(The lighting condition of the room
is applied well but not too much
brightness)
2.02
0.59
Fair
Item 7
(Observation room adjoining with the
examination room equipped with oneway mirror)
1.74
0.66
Low
2.02
0.62
Fair
Overall
Weighted
Mean
Std Devn
Verbal
Description
Item 1
(The subject is suitable to
conduct polygraph examination)
2.24
0.92
Fair
Item 2
(The requirements for polygraph
examination are legally set to the
jurisprudence on evidence)
2.06
0.84
Fair
Item 3
(Allows the public opinion on the result
of the polygraph test)
1.58
0.78
Low
Item 4
(Proper training of the examiner)
2.18
0.83
Fair
Item 5
(The test is administered by an
experienced examiner)
2.04
0.81
Fair
Item 6
(The counsel of both parties sign a
written condition agreeing to the
admission to the examination)
1.94
0.71
Fair
Item 7
(No subject can be compelled to take the
test against his will)
1.84
0.68
Fair
Item 8
(The polygraph, alone, can be evidence
to hold one responsible for a crime)
0.31
1.12
Low
Item 9
(Result of polygraph examination is
admitted in court)
1.06
0.33
Low
1.78
0.55
Fair
Overall
The data in the highest mean reveal that the subject must be suitable
in conducting a polygraph examination. According to Howitt (2002)
there are requirements, rules and regulations that must be strictly
followed so that the rights of the subject would not be violated and
somehow the result from the test would aid the investigator towards
solving the crime.
The data in the lowest mean disclose that the result in the polygraph
examination is not accepted in court. According to Del Carmen (2001)
most courts refuse to accept the results in polygraph test in either civil
or criminal proceedings particularly when the test is administered by
unqualified operators.
Objective 3. To determine the significant variation between the
independent and dependent variables
Table 6. Significant variation between the independent
and dependent variables
Variables
Regression F Value
Coefficients
Prob.
Interpretation Ho:
Formulation
of Test
Questionnaires
.789217
10.228
(r2 =.62286)
.0025
Significant
Reject
Condition of the
Subject
.775362
7.226
(r2 = .67504)
.0100
Significant
Reject
Prob.
Interpretation
Ho:
Variables
Regression F Value
Coefficients
Qualification of
the Examiner
.093215 .386
.5378
Not
Significant
Not
Reject
Condition of the
Examination
Room
.099948 .444
.5087
Not
Significant
Not
Reject
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On the other hand, two variables are not related, such as qualification
of the examiner, and condition of the examination room.
The data in the variables which are related reveal that the
formulation of test questionnaire and the condition of the subject have
been considered significant in the examination. According to Hails
(2005) the formulation of test questionnaires and the condition of the
subject are made and prepared appropriately it will have a higher
possibility to have a fine and correct results from polygraph test.
The data in the variables which are not related disclose that the
qualification of the examiner and the condition of the examination
room has a less significant in the polygraph test. According to Bennett
& Hess (2004) the qualification of the examiner and the condition of
the examination room should be placed under an absolute scrutiny,
especially the qualifications and skills of the examiner since he is the
one who interprets and gives opinion based on the response from the
subject and the result of the examination.
CONCLUSIONS
The following conclusions are drawn:
1. The competency of the polygraph examiner has been verified as
capable in obtaining approximate precise result of the polygraph
examination.
2. The polygraph examination has been confirmed effective and
useful to the policemen in their investigation to determine and
eliminate suspects of the crime.
3. The polygraph examination conducted by the Philippine
National Police Crime Laboratory Region-10 has been proven
ineffective, unreliable and not accepted in convicting an accused
by the Court of Law in Cagayan de Oro City.
RECOMMENDATIONS
Based on the results of this research, the following suggestions are
envisioned for future researchers:
1. Aside from the Philippine National Police (PNP) Crime
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2008 Understanding How Polygraph Tests Work and Are Used.
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