Sei sulla pagina 1di 7

1.

02
August 25, 2017
DECEPTION, DETECTION AND MEDICO-LEGAL ASPECT OF IDENTFICATION
Atty. Malaya Capulong, MD, DPAFP
Department of Internal Medicine (Cambria 9)

TOPIC OUTLINE Lie Detector/ Polygraph Test


I. Deception Detection An instrument that measures and records several
a. Lie Detector/ Polygraph Test physiological responses such as blood pressure, pulse,
b. Voice Stress Analysis respiration, breathing rhythms, body temperature and skin
c. fMRI conductivity (involuntary processes) while the subject is
d. Microexpressions asked and answers a series of questions, on the theory that
e. Use of Drugs
f. Hypnosis
false answers will produce distinctive measurements.
II. Medico-legal Aspects of Identification Combines interrogation with physiological measurements
a. Bertillonage/Antrhropometry obtained using the polygraph
b. Portrait Parle Believes that when youre lying there are physiological
c. Finger printing responses that you cannot control
d. Forensic Odontology NOT ACCEPTED as evidence anywhere in the world.
e. Blood Typing/Grouping - obsolete
Can be beaten (esp. by psychopaths or by pin pricking)
f. DNA Test
Poor reliability
*Previous Trans+ Docs ppt 75% sensitive but 65% specific only Low accuracy
*Discussed by Doc It is only used to direct investigations or rule out suspects
DECEPTION DETECTION but not as an evidence
Delusion- an intentional product of impaired reality testing It is being used as an elimination tool if there are so many
that occurs in a range of psychiatric conditions and suspects
psychological states, some of which could be clinically subtle. Results are not reproducible (same person, same examiner,
Deception- an intentional attempt to convince another of the same different result)
truth of a proposition the liar believes to be false. Does not pass Dauberts standard
o Legally relevant/deception.
o Manner in which one proves or looks for lies Dauberts Standard
o Determining the veracity of the statements made by an
A rule of evidence regarding whether an experts scientific
individual humans are or can be adept at lying and are
testimony is based on reasoning or methodology that is
generally poor at determining if they are being lied to
scientifically valid and can properly be applied to the facts at
o The science of lie detection has been practiced since
issue during United States federal legal proceedings
time immemorial
A test to be a accepted as evidence should be reproducible
o Most common method is torture
and accepted by the scientific community
Legally Relevant Deception:
A test of admissibility
o intent
o presence of a target
o a conscious awareness of a reality incongruous with the Dauberts Standard of Validity
one the liar is attempting to impart to the target. Empirical testing: whether the theory or technique is
Types of Deception Detection falsifiable, refutable, and/or testable.
Devices that Lie Detector Test Whether it has been subjected to peer review and
record psycho- Recorders of CNS responses publication.
physiological Voice stress analysis test The known or potential error rate.
response The existence and maintenance of standards and controls
Drugs Sodium amithal or sodium concerning its operation.
pentothal The degree to which the theory and technique is generally
Hyoscine Hydrobromide - Truth accepted by a relevant scientific community.
Serum
Na Amytal or Na Pentothal Procedure
Hypnosis Not reliable; is it really the truth Pre-test interview
or is it the idea injected to the o Preparation
person o Nothing is attached yet
May only be the suggestions of o Acquaints the person what you want to know.
the one doing the hypnosis and o Eliminate extraneous variables
not the actual truth o Familiarize the person on how you will ask the question
Observation (tone, loudness of voice, etc.)
Interrogation Explain how the polygraph is supposed to work.
Confession o Includes informing the person regarding the placement
of the equipment to avoid panic or discomfort
1 of x [KD]
DECEPTION, DETECTION AND MEDICO-LEGAL ASPECT OF IDENTFICATION

o Acquisition of informed consent Pre-employment screening in law enforcement and pre-


A Stim test (stimulation test) is often conducted. employment or pre-clearance screening in national security
o Dry run wherein the subject is asked to deliberately agencies
llie and then the tester reports that he was able to screening of current employees
detect this lie. investigation of specific events, help direct and focus
o To get the baseline. investigations
Actual test starts.
Voice Stress Analysis
Types of Questions Is a controversial lie detection technology
Irrelevant or IR (negative control) Records psychophysiological stress responses that are
o How old are you? Birthday? Not related to the case present in human voice, when a person suffers psychological
o Incite emotions, elicit a response, determine how a person stress in response to a stimulus (question) and where the
will react normally to questions irrelevant to the case as to consequences of lying may be dire for the subject being
the matter at hand 'tested'
Probable lie (positive control) Tremulation of voice = subject to unreliability much more
o Control questions that most people will lie about but are unreliable than polygraph test
not actually related to the case
o Ex: age of women fMRI
Relevant Questions or RQ Functional MRI measures function through oxygenation,
o The different types of questions alternate when you lie you use much more O2, doing two things at the
o Questions are supposed to be answerable by yes or no. same time would use up much more O2 (ex. Trying to
remember what actually happened and trying to make up a
Techniques story)
Relevant-Irrelevant Question an MRI procedure that measures brain activity by detecting
o Typically very specific and concern and concern an associated changes in blood flow
event under investigation Studies using fMRI have shown that it has potential to be
o Irrelevant questions may be completely unrelated to the used as a method of lie detection. While a polygraph detects
event and may offer little temptation to deceive changes in activity in the peripheral nervous system, fMRI
o Stronger physiological responses to relevant than has the potential to catch the lie at the source
irrelevant questions are taken as indicative of 2 companies in the US have been established to
deception. develop/market fMRI as a tool for deception detection:
Control Question or Comparison Question Testing o NoLie MRI, Inc.
o Compares questions to relevant questions with o Cephos Corp.
responses to other questions that are intended to fMRI detects greater activation of certain pre-frontal areas
generate physiological responses even in non-deceptive or anterior cingulate regions in lie conditions
examinees These regions are recruited for the purpose of inhibiting a
o For truthful subjects, the level of concern for probable- prepotent response giving a true answer
lie questions is higher than for the relevant questions When youre telling the truth the activities in your brain are
o For deceptive subject, the level of concern for relevant less than when youre telling a lie
questions is higher. Polygraph test detects changes in the peripheral nervous
Guilty Knowledge Polygraph Testing system; fMRI detects changes in the central nervous system
o Involves questions about details of an event under Not affordable thus not being routinely used
investigation that are known only to investigators and
those with direct knowledge of the event. Multiple Microexpressions
choice format.
Can detect a person is lying by small changes in his face
o If an examinee who denies knowledge of the event
These facial expressions are undetectable and uncontrolled
shows the strongest physiological response in several
expressions
such sets of questions to the alternative that accurately
describes the event, the examinee is conducted to have
concealed information. Use of Drugs
NOT USED ANYMORE
SIGNIFICANT TEST RESULT Main Purpose: TO REMOVE INHIBITIONS!
The test is PASSED if the physiological responses Some psychiatrists hypothesize that because lying is more
during the probable-lie control questions (cq) are larger complex than telling the truth, suppression of the higher
than those during the relevant questions (rq) cortical functions may lead to the uncovering of the truth.
Larger physiological response to the question about him DRUGS
not paying taxes than the question about whether or not HYOSCINE HYDROBROMIDE An antimuscarinic (or
he killed his wife parasympatholytic) drug
with actions similar to
Uses of Polygraph Test those of atropine (i.e.
mydriasis and cycloplegia)

2 of x [KD]
DECEPTION, DETECTION AND MEDICO-LEGAL ASPECT OF IDENTFICATION

but of shorter duration. Bertillonage/Antrhropometry obsolete


Portrait Parle
Known to produce sedation
Finger printing
and drowsiness, confusion
and disorientation, for Forensic Odontology
events experienced during Blood Typing/Grouping obsolete
DNA Test
intoxication.
Because of a number of Bertillonage/Anthropometry
undesirable side effects, it
An identification system based on physical measurements
was shortly disqualified as
Developed in 1800s by Alphonse Bertillon, a clerk in the
a "truth" drug Paris Prefecture of Police
Side effects: hallucinations, Person was identified by body measurement of the head and
disturbed perception, body, individual markings tattoos, scars and personality
somnolence and characteristics
physiologic effects Oldest scientific method of identification
(tachycardia, blurred Precursor of mug shots
vision) Recorded on cardboard forms (Bertillon card)
Not to be confused with Upon arrest, a criminal was measured, described and
HYOSCINE photographed.
BUTYLBROMIDE The completed card was indexed and placed in the
(Buscopan) = appropriate category.
antispasmodic medicine Measured bony portions of the body
which is used to relieve After a certain age, the bones do not grow anymore, making
cramps in the stomach, these a reliable tool for identification
intestines or bladder Not anymore done because not very reliable; bones
continue to grow until closure of epiphyseal plates which
may vary with age
Na AMYTAL OR Na Truth serum
PENTOTHAL
A rapid-onset short-acting Bertillon Card
barbiturate general Bertillon Card- each card measures 3"x5"; full-face and
profile photographs appear on one side and the criminal's
anesthetic name, Bertillon measurements and other information
Used as a truth serum to (nativity, age, crime) appear on the reverse.
weaken the resolve of
the subject and make Eleven Measurements
them more compliant to Height
pressure. The barbiturates Stretch/Reach: Length of body form left middle finger to
as a class decrease higher right middle finger when arm abducted
cortical brain functioning. Bust: Length of torso form head to seat, taken when seated
Length of head: crown to forehead
Width of head: temple to temple
Hyposis Length of right ear
Length of left foot
Not reliable since there are some who are resistant to
hypnosis and sometimes answers can be suggestible Length of left middle finger
Length of left cubit: Elbow to tip of middle finger
Does not determine whether the information is from the
suspect or from suggested by the one doing the hypnosis Width of cheeks
Length of left little finger
Hair and eye color and front and side view photographs
MEDICO-LEGAL ASPECTS OF IDENTIFiCATION
included
Prosecution of offenses IDENTITY of both offender & victim
must be established- important!! Starting point/first step Disadvantages
In disasters with considerable casualties to resolve the
The problem is the filing method and the method of
anxiety of next of kin and to settle the estate
obtaining the file
Identification of persons missing or presumed dead to aid in
Another problem is the changing measurements of humans
the settlement of the estate/inheritance
in life and missing body parts (amputation)
In cases of accidents with unidentified victims
Paternity and filiation Familial relationship Portrait Parle
o Fathers usually
cartographic sketch
A verbal, accurate and picturesque description of the person
Methods of Identification
identified.

3 of x [KD]
DECEPTION, DETECTION AND MEDICO-LEGAL ASPECT OF IDENTFICATION

A sketch artist/investigative illustrator may translate the Sir William James British administration for East India
description into a drawing. Herschel Company
Composite kits, catalogs and computer systems more o Used handprints at the back
current of the documents as
Before different facial features are compiled to form a face signatures
Now we make use of computers o He recorded friction ridge
COMPOSITE KITS skin as a method of
o facial composite is a graphical representation of an individualization
eyewitness's memory of a face, as recorded by a
composite artist. Henry Faulds collected friction ridge
o Powerful investigative tool that creates accurate photo impressions of humans and
realistic facial composite sketches based on verbal monkeys
descriptions provided by a witness or victim. Studied fingerprints
o Make customized wanted posters, transmit the Wrote Nature on 1880 where
composite sketch via the web, email or fax, or export the he proposed using friction ridges
composite sketch to other imaging programs. (eg. at crime scenes
Identi-Kit ) Published his study concluding
o It is plug into online databases of facial features and that fingerprints are unique per
hairstyles. person and uniform throughout
life
Fingerprint Identification Friction ridges are unique,
fingerprint identification or palmprint identification is the classifiable and permanent
process of comparing questioned and known friction skin
ridge impression form finger and palms to determine if the Samuel Langhorne Tragedy of
impressions are from the same finger or palm Clemens (1883) Puddnhead Wilson by Mark Twain
Dactylography Argentina (1892) Francisca Rojas 2 children were
o Actual recording and development of prints killed
o Recording of prints as a means of identification Rojas had a wound in her throat
Poroscopy she blamed Velasquez (her ex-lover)
o Study of pores found on the papillary or friction ridges Bloody thumbprint found in the
of the skin for purposes of identification scene
- which matched Francisca
Rojas
The Rojas murder case is considered
to be the first homicide solved by
fingerprint evidence
Argentina became the first country
to rely solely on fingerprints as a
method of individualization

Figure 1. Fingerprint patterns Fingerprinting


No two identical fingerprints (even twins have different
History of Fingerprint Identification fingerprints)
Chinese Used to identify the author of Fingerprints are not changeable except for severe finger
documents damage
Qin to Han Dynasty The Volume of Crime Scene
(221 BC 220 AD) Investigation Burglary Types of Fingerprinting
Bamboo Real Impression Done intentionally (eg. For NBI
Documents were sealed with lay
clearance)
stamped with name of author and
Chance Impression Not done deliberately
fingerprint
You are not aware of imprinting
After 105 AD All contracts in China were signed
on a certain substrate
with impression of palm or fingerprint
Has 3 types
Japanese (702 AD) husband affixed impression of his
index finger in documents written for
him 3 Types of Chance of Impression
Dr. Nehemiah Grew described friction ridges Patent or Visible Prints Obvious prints (eg. Chocolate
JCA Mayer said friction ridges are unique prints on a wall)
Wholly visible to the unaided
eye

4 of x [KD]
DECEPTION, DETECTION AND MEDICO-LEGAL ASPECT OF IDENTFICATION

Plastic Prints Finger pressed into soft Latent print powders Physically adheres to the
material creating a aqueous and oily components
negative ridge impression (e.g. on non-porous substrates
melted wax, clay) Black or white, depende sa
Created when the substrate is background
pliable enough at
the time of contact to record Ninhydrin and analogues
the 3-dimensional (spray) Most popular method for
aspects of the friction ridge fingerprint detections on
skin paper and other porous
substrates
Latent Print Hidden or unseen Changes in color upon contact
Chance or accidental with biological components
impressions (pink/violet)
Needs treatment to visualize
Undetectable until brought out Cyanoacrylate fuming Development technique on
with physical or chemical (Mighty bond) non-porous surfaces,
process designed to enhance especially on rough or
latent print residue textured substrates
Most recent; super glue

Types of Substrates for Fingerprint ACE V


To assess reproducibility and reliability:
Porous substrate
o Absorbent materials Analysis is the assessment of a print as it appears on the
o Fingerprint is absorbed into the substrate and is substrate
somewhat durable Comparison direct or side-by-side comparison of friction
o Paper, cardboard, wood, cellulose ridge details to determine whether the details in two points
Non-porous substrate are in agreement
o Repel moisture and appear polished Exemplar compared to an unknown source
o Glass, metal, plastics, lacquered, and painted wood AEFPIS Automated Integrated Fingerprint Identification
Textured substrate System
o Porous or non-porous Evaluation examiner makes the final determination as to
o Incomplete contact with friction ridge skin whether a finding of individualization or same source of
origin can be made
Latent Print Residue Verification is the independent examination by another
qualified examiner resulting in the same conclusion
Mixture of some or all of the secretions from 3
glands Forensic Odontology
Water soluble The proper handling, examination, and evaluation of dental
Eccrine gland secretions evidence
Deals with pattern of dentition, not a single teeth
Water Insoluble Large water insoluble molecules Dentition is relatively unique
o Protein Enamel in teeth survives putrefaction
Non-polar lipids Adults have 32 teeth; all teeth are unique to each person
o Fatty acids The evidence that may be derived from teeth is the age and
ID of the person to whom the teeth belong using dental
records or ante-mortem photographs
Factors Affecting Choice of Latent Print Development Another type of evidence is that of bite marks, left either on
Techniques the victim, the perpetrator, or on an object found at the
Type of latent print residue (oil/sweat?) crime scene
Substrate (porous/non-porous?) Six Main Areas of Pracrtice
Texture of substrates 1. ID of found human remains
Condition of substrates (old/new/disintegrated?) 2. ID in mass fatalities
Environmental conditions during and after deposition 3. Assessment of bite mark injuries
(friable/very dry?) 4. Assessment of cases of abuse (to ID the abuser)
Length of time since deposition (difficult to determine) 5. Civil cases involving malpractice
Consequences of method 6. Age estimation
Subsequent examinations
Latent Print Development Handwriting Analysis
Bibliotics
science of handwriting analysis

5 of x [KD]
DECEPTION, DETECTION AND MEDICO-LEGAL ASPECT OF IDENTFICATION

study of documents and writing materials to determing its Inherited and represent contributions from both parents
genuineness or authorship We each inherit one blood type allele from our biological
not actually a method of ID mother and one from our biological father
Graphology- Study of handwriting for the purpose of Determines the likelihood that the man is the father but
determining the writers personality, character, and NOT a definitive test
aptitudea pseudoscience
DNA Testing
Uses of Bibliotics DNA evidence has become the foremost forensic technique
Deeds of conveyance for identifying perpetrators and eliminating suspects when
Detection of forgery Checks biological tissues such as saliva, skin, blood, hair, or semen
Documents are left at a crime scene.
Source of letters/documents Suicide notes Involves the NON-CODING DNA lying between the genes
Variation is unlimited

Ransom letters
Definitive for paternity- useful for excluding paternity

Anonymous threats but not for confirming
Testator: the one who will entrust his/her properties Restriction Fragment Length Polymorphism based
testing
Two Kinds of Will Polyemerase Chain Reaction based testing more useful
Prepared by someone, signed by the testator
Written wholly by the testator Uses
Murder, rape, and other criminal cases
Identification of Skeleton Determining paternity
Pointers Resolving inheritance disputes
Babies switched in maternity wards
Of human origin
Determining recent of historical claims on ancestry or
How many bodies
lineage
Height
ID of human remains
Sex
Race: skull and facial bone structures
General Procedure
Age
1. Isolation of DNA from an evidence sample containing DNA of
Length of interment
unknown origin and the isolation of DNA from a sample
Timing of injuries
from a known individual
Deformities 2. Processing of DNA so that test results may be obtained
General Differences Between Sexes 3. Determination of DNA test results from specific regions of
Pelvis Male Female DNA
Construction Heavier Lighter 4. Comparison and interpretation of test results from unknown
Height Greater height Less height and known samples
Pubic arch Narrow and less Wider and rounder
round Rule on Evidence: Purpose of DNA Testing
Diameter of true Less Greater diameter A.M. No. 06-11-5-SC (October 2, 2007)
pelvis
Greater sciatic Narrow Wide Purpose:
notch o Direct ID: originates from the same person
o Kinship analysis: from related persons
Obturator foramen Egg-shaped Triangular
Confidentiality
Other Points of Differentiation Between Sexes
Person from whom the sample was taken-the baby as
Pelvis represented by the mother
Humerus Person from whom the sample was taken-the father
Sternum Lawyers of private complaints in a criminal action
Cranium Duly authorized law enforcement agencies (NBI)
Femur Other persons as determined by the court
Skull
Watch: HOW TO SPOT A LIAR |PAMELA MEYER
Specific Characteristic per Race https://www.youtube.com/watch?v=P_6vDLq64gE
Africans Prominent brow bone
Caucassians/Indians Higher nose bridge

Blood typing
Classification of blood based on the presence or absence of
inherited antigenic substances on the surface of RBCs

6 of x [KD]
DECEPTION, DETECTION AND MEDICO-LEGAL ASPECT OF IDENTFICATION

7 of x [KD]

Potrebbero piacerti anche