Sei sulla pagina 1di 22

Vol.

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

Advancing Criminal Justice Research

Polygraph Examination Service


of the Philippine National Police (PNP)
Crime Laboratory - Region 10
LESLEY C. LUBOS
ORCID No. 0000-0002-8761-3680
lesleyclubos@liceo.edu.ph
ANGELIQUE L. BANGOY
JIMMY S. CAHIG
JONATHAN M. CHAVEZ
KHENT JOSEPH L. LITAO
REYNALDO B. VIVERO
Abstract - The study investigated the polygraph examination
of the Philippine National Police (PNP) Crime Laboratory Region
10. The study applied the descriptive method with the use of a
questionnaire involving 50 respondents with different professions or
fields of specialization, distinctively: Precinct Commanders; Criminal
Investigators; Judges; Public Prosecutors; and Public Attorneys.
The questionnaire was administered to the Precinct Commanders,
Criminal Investigators, Judges, Public Prosecutors and Public
Attorneys in Cagayan de Oro City for the effectiveness of the PNP
Crime Laboratory polygraph examination service. The study found out
that the polygraph examination result was not accepted as evidence in
Court or proving capable in convicting a suspect. However, most of
the respondents agreed that the polygraph examination is a big help
in the police investigation. The researchers believed that the Court
must stress the information that even if the polygraph result is not
acceptable as evidence in a Court trial, it is still capable and helpful
in identifying and eliminating suspects during an investigation. The
researchers also deemed that coordination between policemen and
polygraph examiners, posed a high possibility in achieving the goals
of the Philippine National Police.
22

Peer Reviewed Journal

Keywords - Polygraph Examination, Court, Philippine National


Police, Crime Laboratories, descriptive design, Region 10, Mindanao
INTRODUCTION
Polygraph is a device designed to measure physiological responses
resulting from specific questions being asked to the subject, but does
it have a technique thats good enough to be taken as one source of
evidence?
The polygraph was derived from Greek word, Poly which means
many or having several, and the Graphiens which means writing.
The theory being that is when one tells a lie, the body reacts by
increasing breath and heart rate. While polygraphs are not allowed as
evidence of guilt or innocence in a court of law, law enforcement and
prosecutors have been known to rely on them heavily in determining
whether to pursue a defendant (Rana, 2006).
Telling a lie is usually an emotional experience. A conscious act
of lying causes conflict in the mind of the subject, which produces
an emotion of fear or anxiety, manifested by fluctuations in pulse
rate, blood pressure, breathing and perspiration. The physiologic
fluctuations that come with the emotion are in nature automatic,
self-regulating and beyond conscious control because they affect
the functioning of the internal structures that prepare the body for
emergency (Edrolin, 2006).
Some theories behind the polygraph or lie detector test uphold
that a person who lies deliberately will have a rising blood pressure
and a subconscious block in breathing, which will be recorded on
the graph. However, American courts almost uniformly reject the
results of polygraph test when offered in evidence for the purpose of
establishing the guilt or innocence of one accused of a crime, whether
the accused or the prosecution seeks its introduction, for the reason
that polygraph has not yet attained scientific acceptance as a reliable
and accurate means of ascertaining truth or deception (Ng & Po, 2008).
Many law enforcement agencies used polygraph in their
investigations. However, the effectiveness of the polygraph has been
questioned. Among supporters of the polygraph, opinions differ as to
its accuracy. Its accuracy depends on the subject, the equipment and
the operators training and experience. In some cases, the machine
23

Advancing Criminal Jusctice Research

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
24

Peer Reviewed Journal

were able to obtain more detailed information about index offenders,


further disclosures of past sexual offending, and more information
about short-term risk and non-compliance with conditions of probation
orders.
The researchers have a desire to determine the reliability and
effectiveness of the polygraph examination in the Philippine National
Police Crime Laboratory Region 10 as well as knowing the factors and
instances that can affect the polygraph results as a means of evidence
presented in Court trials.
FRAMEWORK
This study was concerned on the effectiveness of polygraph
examination service of the PNP Crime Laboratory Region 10,
Philippines.
A polygraph examination is a scientific test that collects and records
several physiological variables from a person such as blood pressure,
heart rate, respiration and skin conductivity while a series of questions
are being asked for the purpose of detecting reactions associated with
dishonesty (Ng & Po, 2008).
The accuracy and effectiveness of polygraph examination results
depend upon the qualifications and skills of the examiner, accurate
formulation of test questions, the condition of the subject, and the
condition of the examination room.
These diagrams regard the study on the effectiveness of polygraph
examination service of the PNP Crime Laboratory Region 10. The first
box presents the independent variables and the second box presents the
dependent variables for an effective examination result of a polygraph
service of the PNP Crime Laboratory in Region 10.

25

Advancing Criminal Jusctice Research

Diagram on the effectiveness of the polygraph examination in


a courtroom trial.
The principal features of the polygraph are its ability to record
changes in respiration, blood pressure, and pulse. Attachments can be
added to record galvanic skin reflex (perspiration in hands), muscular
movements, and pressures. The use of only one of these features is
considered to be inadequate. The skill of the polygraph examiner is
of utmost importance. An internship is required in which the trainee
can make frequent observations of an expert conducting polygraph
examinations, as well as perform the procedure personally. Ideally, the
polygraph examiner should have a minimum of 6 months of training.
The test should be conducted in a quiet, private location (Hails, 2005).
The word polygraph merely means drawings several pens draw
lines on a moving paper chart in the technique. These pens move under
electrical control determined by a variety of physiological responses
of the body. Physiological changes produce wave patterns that may
become more frequent (e.g. the suspect breathes more rapidly) or
increase in amplitude (e.g. the suspect breathes more deeply) (Howitt,
26

Peer Reviewed Journal

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,
27

Advancing Criminal Jusctice Research

it may be difficult to develop a valid lie detector. However, methods


are available for detecting guilty knowledge, information that only
the perpetrator of a crime and the police possess, which are ripe for
further development as forensic applications (Iacono, 2008).
Polygraph test is not just conducted in offenders, but it is also in
police departments which defines current selection and psychological
assessment practices fro police officers. Of the 355 police agencies
invited to participate in the survey, 155 returned completed
questionnaires (43%). Analyses of the extent and nature of assessment
procedures revealed that the majority of police departments perform
a background investigation, medical exam, interview with applicant,
drug test, physical fitness exam and polygraph test (Cochrane, 2003).
A polygraph examination is a scientific test that collects physiological
data from a person with the purpose of detecting reactions associated
with dishonesty. At least three systems in the human body are recorded
during a polygraph examination. Respiratory activity is monitored by
placing rubber tubes across the examinees chest. Electro dermal or
sweet gland activity is recorded by placing two small attachments to
the fingers or palm of the hand. And cardiovascular activity is collected
by a blood pressure cuff or similar device (American Polygraph
association).
Known in the vernacular as a lie detector, a polygraph records a
subjects respiration, blood pressure, and heartbeat as the subject is
questioned by an examiner. The examiner poses certain questions and
records the subjects responses. The premise of the polygraph is that
deception is accompanied by stress that is manifested in increased
respiration, pulse, and blood pressure (Scheb & Scheb II, 2008).
Persons charged or suspected of a crime cannot be compelled to take
a polygraph test, because such compulsion would violate their Fifth
Amendment privilege against self-incrimination. However, persons
may voluntarily agree to take a polygraph test to affirm statements
they have made or to demonstrate their innocence (Gardner, 1988).
In some cases like rape, post-conviction polygraph testing of adult
sex offenders in treatment has been a somewhat controversial subject.
This study, 95 participants who took 333 polygraph tests, explored how
sexual offenders enrolled in outpatient treatment programs perceived
their polygraph experience. Participants reported a relatively low
incidence of false indicators of both deception (22 of 333 tests) and
28

Peer Reviewed Journal

truthfulness (11 of 333 tests), suggesting that clients agreed with


examiners opinion 90% of the time. The majority of clients reported
that polygraph testing was a helpful part of treatment. Finally,
about 5% of participants reported that they responded to allegedly
inaccurate accusations of deception by admitting to things they had
not done. The date offer encouragement for continued but cautious
use of polygraphs sex offender treatment programs. Implications for
practice and research are identified (Kokish, 2005).
The study compared a group of 104 adult male sex offenders who
received community cognitive-behavioral treatment, correctional
supervision, and periodic polygraph compliance exams with a matched
group of 104 sex offenders who received the same type of treatment
and supervision services but no polygraph. Polygraph exams focused
on whether participants were following their community supervision
and treatment and had avoided committing new sexual offenses
(McGarth, 2007).
Truth is the reliance of innocence, falsehood is the result of crime.
All true facts are consistent with each other. If one is innocent, there
is no reason for with holding a true fact. Still less is there for uttering
a falsehood. Falsehood is evidence of crime. Every falsehood uttered
by way of exculpation becomes an article of circumstantial evidence of
greater or less inculpatory force (State vs Benner, 64 Maine 267, Burril
on Circumstantial Evidence Part 2, Chapter 1;pp491).
Polygraph is a Scientific method of detecting truth or deception
through the use of the Polygraph machine. The Physiological changes
such as blood pressure, pulse rate, skin resistance and respiration of
a person undergoing examination is being recorded by Polygraph
Machine or what is commonly called Lie Detector. Recorded
involuntary responses of the subject while being deceptive or truthful
are diagnosed by a Polygraph examiner. Polygraph testing is often
used to confirm or exonerate persons involvement in any suspected
activity or wrongdoing. In the absence of any other corroborative
evidence, this is of great significance (PNP Crime Laboratory).
The basic principle involved in all forms of lie detectors (more
accurately, polygraph devices) is in the changes of several physiological
variables such as blood pressure, heart rate, respiration and skin
conductivity while the subject is asked a series of questions. One of
the most recent has taken into account eye movements and papillary
29

Advancing Criminal Jusctice Research

dilations of the subject as a hi-tech approach to the common notion that


liars are shifty-eyed and cant look at you straight in the eye (Estalilla,
2007).
Polygraph exists to protect the public by verifying the truth and
determining deception. Polygraphs are most commonly used for
criminal and civil matters, government pre-employment screening,
homeland security, commercial theft investigations and to monitor
convicted offenders being supervised by probation and parole, and
while under treatment (Ng and Po, 2008).
Polygraph examination is generally used as an investigative aid/
technical aid in the investigative purposes. It is used to: a) verify the
statement of the victims/complaint, b) establish the credibility of the
witnesses, and c) evaluates the truthfulness of the suspects (Edrolin,
2006).
The principles of Polygraph testing have been developed over the
past 100 years and have been subjected to hundreds of scientifically
validated studies. When the Polygraph examiner is competent the
accuracy is as high as 95 to 100 percentile (PNP Crime Laboratory).
A news item appeared about a lie detector that would allow you to
tell whether the one with whom youre chatting is telling you lies. With
regard to the admissibility of polygraphs in courts, there is no general
consensus among nations and even upon different states in US, and
the US Supreme Court wisely left it to individual jurisdictions whether
polygraph results could be admitted as evidence in court cases.
Traditional lie detectors, known as polygraphs, measure heart and
respiratory rates as a person answers questions. Courts do not allow
lie detector tests to be admitted as evidence. Researchers believe the
technologies theyre working on could change that though it could
take several decades to get it right. I doubt that anything in life will
ever be 100 percent reliable, including lie detection. But will we have
a technique thats good enough to be taken as one source of evidence?
Probably, said Stephen Kosslyn, a Harvard University psychology
professor who is studying the brain scans of liars (Manila Standard
Today).
OBJECTIVES OF THE STUDY
The aimed to: (1) determine the qualifications and skills of the
examiner, formulation of test questionnaire, the condition of the
30

Peer Reviewed Journal

subject, and the condition of the examination room; (2) determine


the accuracy and the effectiveness of the examination result and its
admissibility in court trials; (3) determine the significant variation
between the independent and dependent variable.
METHODOLOGY
The descriptive method of research was used in this study.
Descriptive method of research is a fact-finding study with sufficient
and accurate interpretation of findings. It emphasizes the essentials in a
current condition, practices, situation and phenomena. The researchers
chose this method since the study was about the effectiveness of
conducting polygraph examination in the Philippine National Police
(PNP) Crime Laboratory Region 10.
The study was conducted to fifty (50) respondents with different
specializations, distinctively, ten (10) Precinct Commanders, ten (10)
Criminal Investigators, ten (10) Judges, ten (10) Public Prosecutors and
ten (10) Public Attorneys in Cagayan de Oro City.
The researchers used questionnaire as means of gathering data.
The test was conducted to the Precinct Commanders, Criminal
Investigators, Judges, Public Prosecutors and Public Attorneys in
Cagayan de Oro City for the purpose of determining the service of the
polygraph examination of the Philippine National Police (PNP) Crime
Laboratory Region 10.
In the polygraph examination service of the PNP Crime Laboratory
- Region 10, the researchers categorized its effectiveness into four
degrees of quality such as High with a weight of 4; Average with a
weight of 3; Moderate with a weight of 2; and Low with a weight
of 1.
RESULTS AND DISCUSSION
Objective 1. To determine the qualifications and skills of the
examiner, the formulation of test questionnaire, the condition of the
subject, and the condition of the examination room

31

Advancing Criminal Jusctice Research

Table 1. Qualifications and skills of the examiner


Indicators

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

Table 1 shows the qualifications and skills of the examiner. As


shown, the overall mean (2.12) verbally described as fair.
Item 1 (Competency of the examiner) has the highest mean (2.44)
verbally described as fair, while the lowest mean (1.50) falls in item
9 (Allowing any personal feelings, sympathies or prejudice to the
subject) verbally described as low.
The data in the highest mean reveal that the competency of the
examiner is an important consideration in selecting a polygraph
32

Peer Reviewed Journal

examiner. According to Hails (2005), the examiner should have his


education, training, and experience as well as subjective observations
of a subject in an interview, a variety of more objective test, and newer
assessment techniques.
The data in the lowest mean disclose that a polygraph examiner
who allows any personal feelings, sympathies or prejudice to the
subject is ineffectual and inefficient. According to Del Carmen (2007),
the examiner who is professional is more effective in conducting and
having a precise examination result.
Table 2. Formulation of test questionnaire of the examiner
Indicators

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

Advancing Criminal Jusctice Research

Item 8
(Not contain influence to ones religion,
race, or belief)

1.90

0.71

Fair

Overall

2.24

0.65

Fair

Table 2 shows the formulation of test questionnaire of the examiner.


As shown, the overall mean (2.24) verbally described as fair.
Item 3 (Answerable by Yes or No) has the highest mean (2.46)
verbally described as fair, while the lowest mean (1.90) falls in item
8 (Not contain influence to ones religion, race, or belief) verbally
described as fair.
The data in the highest mean reveal that the question answerable
by yes or no is important in formulating a questionnaire. According to
Kleiner (2002), the questions in polygraph must not be keyed to give
out possible reasons and probably counter-questioned by the subject,
and that any indecision on the part of the subject during the test might
be reflected in the chart as emotional disturbances.
The data in the lowest mean disclose that in formulating
questionnaire, the religion, race and beliefs of the subject should have
fewer prepared questions. According to Scheb (2008), the questions
formulated should be brief, correlated and yet as simple as possible to
eliminate reactions due to prejudice and apprehensiveness.
Table 3. Condition of the subjects
Indicators

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

34

Peer Reviewed Journal

Item 4
2.24
(The subject does not undergo prolonged
interrogation prior to the test)
Overall

2.38

0.82

Fair

0.76

Fair

Table 3 shows the condition of the subjects. As shown, the overall


mean (2.38) verbally described as fair.
Item 1 (Good physical and mental condition of the subject) has the
highest mean (2.60) verbally described as moderate, while the lowest
mean (2.24) falls in item 4 (The subject does not undergo prolonged
interrogation prior to the test) verbally described as fair.
The data in the highest mean reveal that the condition of the subject
must be considered before conducting a polygraph examination.
According to Bennett & Hess (2004), the subject must be physically,
mentally and emotionally fit for the examination. The examination
must be voluntary and completed under conditions conducive to
cooperation.
The data in the lowest mean disclose that the subject should not
undergo prolonged interrogation before the polygraph test. Even
though the item is the lowest among other items, according to
Britz (2008), anybody who is about to undertake an activity or an
examination must have a good rest rather than conducting an interview
or interrogation earlier to the test.
Table 4. Condition of the examination room
Indicators

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

35

Advancing Criminal Jusctice Research

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

Table 4 shows the condition of the examination room. As shown,


the overall mean (2.02) verbally described as fair.
Item 3 (The room is properly ventilated with an even and
comfortable temperature) has the highest mean (2.24) verbally
described as fair, while the lowest mean (1.72) falls in item 5 (The
subject faces the glass window or another room during the test)
verbally described as low.
The data in the highest mean reveal that a room that is properly
ventilated and has a stable temperature is more conducive to perform
the examination. According to Gardner (1988), the room where the
examination is conducted should be in even circulation of air so that
there will be a fewer distractions and disturbances on the mind of the
subject, and there will be high probability that the subject can focus his
attention on the questions that are being asked to him.
The data in the lowest mean disclose that the subject who faces
a glass window or other rooms during the test has a poorer finding
in the examination. According to Yount (2007) the subject should not
face a glass window or any room for the reason that it might affect
his concentration because of the possible outside distractions such as
work and movements of the people, noise, conversation of persons,
etc., which can influence his response during the test.
Objective 2. To determine the accuracy and effectiveness of the
examination result and its admissibility in court trials
36

Peer Reviewed Journal

Table 5. Accuracy and effectiveness of the examination results


Indicators

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

Table 5 shows the accuracy and effectiveness of the examination


results. As shown, the overall mean (1.78) is verbally described as fair.
Item 1 (The subject is suitable to conduct polygraph examination)
has the highest mean (2.24) verbally described as fair, while the lowest
mean (1.06) falls in item 9 (Result of polygraph examination is admitted
in court) verbally described as low.
37

Advancing Criminal Jusctice Research

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

Table 6 shows the significant variation between the independent


and dependent variables.
As shown, two of the variables are related to the accuracy and
effectiveness of the examination results. These are the formulation of
the test questionnaire, and the condition of the subject.

38

Peer Reviewed Journal

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
39

Advancing Criminal Jusctice Research

Laboratory Region-10 polygraph examiner, the policemen


must also have further knowledge, training and experience on
conducting polygraph examination by conducting seminars.
2. The Philippine National Police Crime Laboratory Region-10
must have a qualified and skilled examiner and an appropriate
room for conducting polygraph examination. The examination
room must be properly ventilated and has an even temperature.
3. Since the Court in Cagayan de Oro City does not accept polygraph
result, the Court must stress the information that even if the
polygraph result is not acceptable as evidence in a court trial,
it is still capable and helpful in determining and eliminating
suspects during an investigation.
4. A future study may also be recommended to National Bureau of
Investigation, Polygraph Instructors, and PNP Crime Laboratory
in Cagayan de Oro City for the effectiveness of a polygraph
machine in detecting lies, in Philippine National Police (PNP)
Crime Laboratory Region 10.
LITERATURE CITED
American Polygraph Association (APA). http://en.wikipwedia.org/
wiki/Polygraph.
Bennett, W., & K. Hess,
2004
Criminal Investigation: Seventh Edition. Wadsworth, Thomson
Learning Inc., Canada.
Britz, M.
2008 Criminal Evidence. Pearson Education, Inc., United States of
America.
Cochrane, R.
2003 Criminal Justice and Behavior: Psychological Testing and the Selection
of Police Officers. International Association for Correctional and
Forensic Psychology. SAGE Website. ISI Journal.
Davis, P.
1984 Journal of Contemporary Ethnography: The Social Organization of
40

Peer Reviewed Journal

Lie-Detector Tests. SAGE Publications. ISI Journal.


Del Carmen, R.
2001 Criminal Procedure. Law and Practice. Fifth Edition. Thomson
Learning, Inc.., United States of America.
Del Carmen, R.
2007 Criminal Procedure. Law and Practice. Seventh Edition. Thomson
Learning, Inc., United States of America.
Edrolin, L.
2006 Polygraph [Lie Detection]. Philippines.
Estalilla, A.
2007 Technolites: Some facts about lie detectors. Manila Bulletin Online,
Philippines.
Furedy, J.
1988 Criminal Justice and Behavior: Criminal Justice and Behavior.
International Association for Correctional and Forensic
Psychology. SAGE Website. ISI Journal.
Gardner, T.
1988 Criminal Evidence Principles, Cases and Reading. Wet Publishing
Company, United States of America.
Hails, J.
2005
Criminal Evidence: Fifth Edition. Wadsworth, Thomson Learning
Inc., United States of America.
Hails, J.
2005 Criminal Evidence: Sixth Edition. Wadsworth Cengage Learning,
United States of America.
Howitt, D.
2002 Forensic and Criminal Psychology. Prentice Hall, Pearson
Education, Malaysia.

41

Advancing Criminal Jusctice Research

Iacono, W.
2008 Understanding How Polygraph Tests Work and Are Used.
International Association for Correctional and Forensic
Psychology. SAGE Website. ISI Journal.
Kleiner, M.
2002 Handbook of polygraph Testing. San Diego: Academic Press.
United Kingdom.
Kokish, R.
2005 Post-conviction Sex Offender Polygraph Examination: ClientReported Perceptions of Utility and Accuracy. Springer. Part of
Springer Science-Business Media Privacy, Disclaimer, Terms
and Conditions. ISI Journal.
Manila Standard Today

Science goes to brain to detect lies. www.manilastandard.net,
Philippines Online
Mcgarth, R.
2007 Outcomes in a Community Sex Offender Treatment Program: A
Comparison Between Polygraph and Matched Non-polygraph
Offenders. Springer. Part of Springer Science-Business Media
Privacy, Disclaimer, Terms and Conditions. ISI Journal.
Myers, B.
2006 The Court of Public Opinion: Lay perception of Polygraph Testing.
Springer. Part of Springer Science-Business Media Privacy,
Disclaimer, Terms and Conditions. ISI Journal.
Ng, P., & Po, P.
2007 Forensic Science. Manila: Philippine College of Medical
Researchers Foundation.
PNP Crime Laboratory

Frequently Asked Questions about Polygraph. www.pnp.gov.ph/
about/content/officers/cantral/cls/CLS%20webpage/targetPd.
HTML
42

Peer Reviewed Journal

Probation Journal
1999 The Use of the Polygraph in the Community Supervision of Sex
Offenders. The Trade Union and Professional Association for
Family Court and Probation Staff. SAGE Website. ISI Journal.
Rana, L.
2006 Encyclopedia of Criminology. Mehra Offset Press. Delhi, India.
Scheb, J., & Scheb, J. II.
2008 Criminal Law and Procedure: Fifth Edition. Thomson Learning,
Inc., Canada.
Scheb, J., & Scheb, J. II.
2008 Criminal Law and Procedure: Sixth Edition. Thomson Learning,
Inc., United States of America.
Yocom, J.
2007 An assessment of the Validity of Polygraph Examination for the
Psycho physiological Detection of Deception: A Judicial Opinion
and Research Study Review. Springer. Part of Springer ScienceBusiness Media Privacy, Disclaimer, Terms and Conditions. ISI
Journal.
Yount, L.
2007 Forensic Science from Fibers to Fingerprints. New York: Chelsea
House.

43

Potrebbero piacerti anche