Module No.

The Polygraph Examiner, Subject and

Examination Room
Topic

2nd Semester 2021-2022

Ma. Diana F. Alcoseba

Instructor I

Leo L. Casilagan
Instructor I
The Polygraph Examiner

A polygraph examiner is one who is skilled and capable to detect deception or

verify truth of statement through instrumentation or the use of the mechanical
device. The instrument or device. The instrument or device utilized to detect
deception or verify truthfulness of the statements must meet the basic
instrumentation requirements of being capable or recording simultaneously on a
moving chart the physiological responses.

a. The Following are qualifications and qualities expected of a polygraph

examiner:
1. He must remember that he is an impartial seeker of the truth, conducts his
examination in a professional and ethical manner, and never allow his
personal feelings, sympathies, or prejudice influence the result of the
examination
2. He should constantly bear in his mind his primary responsibility to his
subject to give them all possible safeguards against error and must never
accept for polygraph examination, any subject whose physical or mental
health or state makes him unfit.
3. Technically he must have a complete knowledge of the instrument and its
potentials and limitations, the most modern polygraph technique,
proficiency in the conduct of the polygraph examination, test construction
and chart interpretation.
4. Morally, he must have sincere desire to be a polygraph examiner in its
strictest sense by devoting himself to the polygraph profession through
maintenance of a high personal integrity and increasing personal
proficiency through constant study and research.

Responsibility of the Polygraph Examiner to the subject

In conducting polygraph examination, the examiner should be

reminded of his responsibilities to his subject:
1. The polygraph examiner recognizes the fact that his primary responsibility
must be to the person who has voluntarily submitted himself to a polygraph
examination.
2. He should never conduct examination on person without first that appraisal of
the subject’s constitutional rights and the right to self-incrimination.
3. He should never perform examination to any person unless the instrument he
is going to utilize is in good working condition and makes a continuous
permanent recording on a moving chart analysis without having administered
at least two or more charts.
4. He should never render certain or conclusive verbal or written opinion based
on the chart analysis without having administered at least two or more charts.
5. He should not suggest testimony concerning the charts or conclusions
presented by another examiner unless he is methodically familiar with the
techniques and procedures employed.

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6. Make sure that the subject signed a letter of consent.

Responsibilities of the Investigator to the examiner

In asking polygraph assistance, the investigator must always confer first with
the examiner on the requirements for the test:

1. Do not ask the test and hold the evidence submitted in the report. This is a
display of doubt as to his investigative finding of guilt on the part of the
accused such about always accumulate to the benefit of the accused in a
numerous instance the opinion of the examiner is accepted by the court in
favor of the defense rather in prosecution.
2. Do not depend on the mass screening of possible suspects to produce the
quality party except will know a reasonable amount of investigation to
produce suspect or materially narrow down the number of possible
suspects.
3. Do not to wait the last minutes after all investigative method and
technique have failed the test should never be used as a last resort.
4. Do not stop the investigation when polygraph test is deferred or
temporarily delayed.
5. Do not think investigation is over if the test indicates that the subject lies
in the test. Evidence and testimonies should be gathered to prove the facts
of the offense and the allegation against the subject.
6. Do not use the polygraph as abrupt or use to serve confession or
admission.
7. Never tell anyone that the polygraph will decide whether the subject or
suspect is innocent or guilty, the court makes the decision.
8. Do not fail to investigate the case for seeking assistance of polygraph; the
examination does not establish whether the crime has been committed or
not.
9. Observe or at least be available during polygraph examination and
10. Do not be afraid to say I do not know the examiner and never mislead or
deceit the examiner.
Responsibilities of the Investigator to the Subject

1. Learn enough about the polygraph so that he can talk openly and freely to
the person about the test. The subject may know very little or may have
been misinformed.
2. Do not reveal the test of the offense, in which maybe utilize in the
application at Peak of Tension test.
3. Suggest that the test as a means for the subject to indicate his/her
innocent.
4. Stress the test capability for indicating through the recorded responses
whether a person is telling the truth.
5. Avoid any claim for the instrument r examination that is not backed up by
facts (Geronimo 2007).

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Limitation of the subject who will undergo Polygraph Examination

1. The subject must have a goodnight sleep at least (5) hour prior to the test
2. He must refrain from smoking for at least (2) hours.
3. He should not undergo prolonged interrogation prior to the test.
4. The subject must not have been subjected to physical abuse or body
contact
5. He must refrain from drinking alcohol beverages, taking sedatives, or
capsule or syrup for at least twelve (12) hour prior to the test.
6. He must not be suffering from any temporary illness like headache,
toothache, stomachache, fever, menstruation (for female), severe colds and
coughs.
7. He must not be hungry; and
8. He must not have sex indulgence prior to the test.

A. Specific objectives of Polygraph Examination

 To ascertain if person is telling the truth
 To verify and compare conflicting statements
 To obtain additional facts of an offense, location, of the stolen goods
and whereabouts of wanted person/s.
 To identify other person/s involved in the case
 Gain valuable information from unwilling subject

B. Principal Uses of Polygraph Examination in Criminal Investigation

 It is an investigative aid for the investigator to:
a. Confirm the statement of the victims
b. Ascertain the credibility of witnesses
c. Assess truthfulness of suspects
 It speeds the process of investigation
 It eliminates innocent subject/s
 The investigator can concentrate/ focus to one subject to determine
truth or deception

C. Uses of Polygraph
 Criminal Investigation
It is valuable tool of criminal investigation. It provides fast means of
eliminating innocent suspect/s, gives clue about the identity of
criminal suspect/s, verifies statement of those who are involved and
save a lot of time and effort during the process of investigation
(Geronimo 2007).
 Pre- Employment Test (A Screening)
It is the fastest and more accurate means of verifying statement of a
job applicant from derogatory remarks by a previous employer who
bears personal grudge against him.
 Periodic Personnel Check (For Integrity)

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 It is the best way of the company to determine dishonest employees
who are responsible for company losses and to determine the
honesty of the employees assigned to sensitive position.
 Claim Verification Test (For Insurance Compensation/Benefits)
For the insurance company, for them to know if there’s fraud
manipulation.
 Loyalty Test (For Intelligence and Honesty Check)
This is mostly conducted in organization like PNP, Phil. Air Force.
Army, Phil Navy and the likes.
 Promotion
There are instances wherein the company has difficulty in deciding
between two or more candidates to be promoted, polygraph test
helps to determine who is the most qualified as well as employee’s
future intent against the company (Geronimo 2007).

Test Question Formulation

It has been previously mentioned that the questioned should be well

formulated following some strict guidelines. Generally, test question formulation
must follow three simple criteria.

Short- the questions should be short as possible to prevent the subject from losing
focus, minimize their impact upon the subject, and to avoid long questions that can
confuse the subject. In other words, formulated questions must be answerable by a
simple ‘’yes’’ or ‘’no’’.

Simple- the question must not contain any legal terminologies and technical terms.
Furthermore, their meanings must eb clear and unmistakable and have reference to
only one element of an offense or fact.

Direct- the questions must be able to stand alone and not depend on some other
question. They should focus on factual information not based on opinion. The
relevant questions should be limited to a single case investigation. The polygraph
technique is not effective for simultaneous testing involving two or more unrelated
occurrences.

There are also isolated cases, wherein the examiner must use the subject’s own
dialect to facilitate better understanding. For example, if the subject does not know
any dialect other than what he has grown up with, the examiner must certainly adjust
to the situation. Aside from knowing the simple vocabulary, the examiner must also
study the intonation or request a competent interpreter is the one to read the
question in the subject’s native dialect.

Based on the authors experience, I once handled a rape case involving Vietnamese
subject at a Bataan refugee camp. We were fortunate enough to have an investigator
who can facilitate better understanding between the subject and the examiner. The
author also handled the case wherein the subject was Cebuano to whom the
expression., ‘’sugod na ta’’ means ‘’mag umpisa na tayo’’. Such cases involve

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misunderstanding that can affect the test outcomes. With improved understanding,
the examiner can ensure that the subject will display the right kinds of ‘’reactions’’
throughout the test procedure.

General Guidelines

As can be gleaned from the previous section, the phraseology of the test
questions is an extremely important aspect of the examination. In order to ensure a
successful outcome, the formulated questions must have several characteristics as
described below.

1. The Question must be clear

In other words, the questions that must be used in the test should be
thoroughly understandable to the subject. One example would be a
robbery case wherein the subject is a helper who knows little Tagalog.
In this case, the examiner cannot use a question like ‘’ Ikaw ba ay
kasabwat sa nakawan sa bahay ni mrs. Angeles?” because the subject
would not have a clear understanding of the word ‘’kasabwat’’. Instead,
the examiner can use the local term for ‘’kasabwat’’ in their local
language, such as ‘’kamplot’’ a Visayan colloquial term that is derived
from the English word, ‘complot’, which means collaboration.
2. The question must be simply stated
The question must be stated as simple as possible. This means that the
question must have only one possible meaning. The sentence must
completely avoid having a double meaning. For example, ‘’did you
shoot him then run into the house?’’ is a question that combines two
sets of acts or occurrence, one of which might be truthfully answerable
by ‘’yes’’ and the other by ‘’no’’.
3. Avoid lengthy questions
Asking a long question is not only time consuming but also confusing
for the subject as well. Such a question can also result in a loss of
impact on a lying subject.
4. The test questions should focus on facts
The polygraph test questions should concern factual information, and
should not be based upon opinions. Opinion question responses cannot
be relied upon in evaluating truth or deception. For example, the
question ‘’were you drunk on September 11? Requires a subject’s
personal interpretation of his condition and his conclusion may be
vastly different from what the examiner has in mind when he uses the
word ‘’drunk’’.

The Test Questions

Within a set of test questions there must be relevant, irrelevant, and control
questions. Details are provided below.

Relevant Question

Relevant question are direct questions that have an intense and specific
relation to the crime being investigated, including some secondary element,

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 such as guilty knowledge or partial involvement. These types of questions are
designed specifically to produced an emotional response in subjects who
attempts a deception. Relevant questions must be able to stand alone and be
independent from other questions to complete their meaning. They must be
confined to a single investigation and must be direct and concise.

Sample: a case involving a shooting incident

Weak Relevant: are you involved in the plan to shoot Pedro Dela Rosa?

Strong Relevant: where you the one who shoot Pedro Dela Rosa?

Evidence Connecting: was the gun used to shoot Pedro Dela Rosa yours?

Knowledge Question: do you know for sure who shot Pedro Dela Rosa?

Control Questions

Control questions are those that requires about an act of wrongdoing of the
same general nature as the main incident being investigated and to which the subject
is likely to die. This control question should be as broad as possible. Basically, control
questions must serve as the agitating factors of an innocent subject.

Sample: a case involving robbery or theft

Question 1: before reaching the age of (3 years prior to the incident) have you ever
stolen anything?

Question 2: have you ever stolen anything from your place of work?

Irrelevant Questions

These are questions that are irrelevant to the crime being investigated. The
primary purpose of asking irrelevant question is to achieve the following:

1. Determine the subject’s norm under test conditions;

2. Terminate the lingering type of reaction that may appear on either the
relevant and control question answer;
3. Nullify or terminate shock reactions due to noises occurring outside of the
examination room;
4. Provide subjects an outlet for a relief response after answering relevant
questions;
5. Accentuate a deceptive response to relevant questions;
6. Separate the subject’s reaction pertinent questions using an irrelevant
question between;
7. Invite the scheming type subjects to cause false or fraudulent reactions on
irrelevant questions so as mislead the examiner into believing that these
reactions to the relevant questions; and
8. Deal with a known fact and not with a situation based solely on probability,
which the examiner assumes to be true.

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 SPECIFIC GUIDELINES IN FRAMING/ USING QUESTIONS

It is important to frame and employ the right kinds of questions in conducting

a polygraph test. This is because the results of the test depend on the
physiological manifestation of a subject’s reaction to the question asked of him.

Below are some specific guidelines in framing questions while considering the
type of test for which the question are to be used.

Relevant Questions

As mentioned earlier, relevant questions have a direct and specific relation to

the crime being investigated. These questions must be able to stand alone and be
independent from other questions.

Aside from the above, relevant question must:

 Avoid using legal or technical jargon

 Solve a central problem in the investigation
 Be answerable by ‘’yes’’ or ‘’no’’
 Use qualifiers, such as ‘’aside from…’’ at the beginning of the question
 Avoid emotional words that can produce strong reactions
 Be fully understood to mean the same thing by the examiner and subject
 Avoid the use of words and expressions that are obscene, profane,
derogatory, or insulting to the subject.
 Feature more facts than conjectures
 Not presume the guilt of the subject
 Not imply that the examiner does not believe the subject
 Avoid asking the opinion of the subject and only focus on the facts at hand
 Contain facts that are known to be correct by the perpetrator
 Focus on truthfulness and not the act being investigated, when the victim
is the subject
Comparison Questions

There are also specific guidelines for framing comparison questions. Of these,
the most important reminder is to discuss the questions with the examinee. The
following guidelines indicate that the comparison question must:

 Be carefully worded so that the answer will always be ‘’no’’

 Be broader in scope than a relevant question
 Be about the same topic as the case being investigated, although the offense
must be slightly less severe

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  Avoid sex-related topics, except in cases where the issue revolves around a
sexual behavior
 Cover topic wherein the subject is likely to lie or show serious doubts
concerning the truthfulness of his reply
 Avoid questions related to religion, politics, race or other personal
information that may humiliate the subject
Irrelevant Questions

From the name itself, irrelevant questions are those that have nothing to do
with the crime being investigated. In other words, an obvious irrelevant question is
not related to the crime being investigated. Furthermore, when answered truthfully,
an irrelevant question should not provoke emotions.

At the same time, subjects are not expected to lie when answering irrelevant
questions. They must be so framed such that they can eb answered by a ‘’yes’’. In
using this kind of test questions, the examiner must:

 Discuss the question with the subject

 If needed, group items of similar emotional content
 Use five to seven items in a set as a rule of thumb
 Verify whether the subject is knowledgeable about the topics to be covered by
the questions (e.g., gun caliber, model, etc.)
 Ensure that the key is the correct item in the set
 Check that the other items in the list cannot be correct (when answered
truthfully)
 Ensure that the innocent subject would not know the correct item from the set
 Ensure that the guilty or involved would recognize the correct item
 Conceal recognition of the key, which is an important aspect of the test
 Group all items with similar length
 Avoid using an illogical or absurd item in the set
Peak of Tension Tests (Type B)

As mentioned earlier, PTB is theoretically designed to determine specific

details (e.g., location, disposition, modus operandi, and amount involved) from a list
of ‘’possibilities’’. In this kind of test, the typical number should be five to seven items
that are duplicated on the same chart.

In designing test question for this kind of test, the examiner must ensure the
following:

 The items in the list are discussed in detail

 The order of the items is varied with each new presentation
 The order of items is announced or posted, in other words, fully known to the
subject
 Maps or diagrams must feature fully readable letters, numbers, and names for
each designated area as well as clearly mark boundaries

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  The most and least probable items are placed in the middle and in the
beginning of the list, respectively, during the first presentation
 The final item in the list is a question on any other possibility
The Examination Room

The choice of the examination room is very important in the conduct of an

examination. Whenever feasible, a specially equipped and furnished room should be
set aside for an ideal examination room. The room must be semi-soundproof. (to
avoid false reaction on individual with claustrophobia). The room must also be free
from any outside noise and distracting influences, such as a telephone, intercom, bell
buzzer, etc.

At the same time, the room must be painted with white walls, must have limited
furnishings, and should be devoid of any decorations (posters, paintings, blinds and
other ornaments that can distract the attention of the subject). It should have a
specially-built subject’s chair with concave armrest, a table where the machine rests
(easily seen by the subject), must be spacious enough so that the examiner will have a
small space to write while conducting the pre-test interview, a place for the charts,
and a chair for the examiner. Lie- detector test should be conducted in a quiet private
room.
1. Select a room with none of the usual police surroundings and with no
distraction within the subject’s view.
2. Select a room without any windows at all.
3. The interrogation room should contain no ornaments, pictures or other
objects which would distract the attention of the person being tested or
interviewed.
4. This suggestion refers to the presence within the subject’s reach of small loose
objects such as papers, clips or pencils that he may be inclined to pick up and
further distract during the course of the interrogation.
(EFFECT) – tension relieving activities of this sort detract from the
effectiveness of this interrogation, especially during the critical phase when
guilty subject may be trying desperately to suppress an urge to confess.
5. Strange noise such as the ringing of a telephone or the conversation of persons
outside the examination room, of the presence of the arresting officers or
other spectators in the room itself, may produce disturbances and distractions
which will interfere with a satisfactory diagnosis of deception.

GENERAL CONSIDERATIONS when conducting the polygraph

examination:
1. In order to conduct a satisfactory lie- detector test, kit is advisable for
the examiner to obtain from the investigators interested in the case, all
the available facts and circumstances forming the basis of the
accusation directed against the person to be examined.
2. This will include, of course, the details of the case itself. Such
information is essential to the examiner so that he will be in position to
know the questions should be asked of the subject during the test.

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 3. The subject who is about to be tested should be informed of the nature
of the test and purpose of it. The instrument should be pointed out to
him as one which is capable of determining whether or not a person is
telling the truth about a given matter. He should be informed that it
records certain bodily changes and the instrument will not cause any
discomfort occasioned by the blood pressure cuff.
4. The writer made it practice, at this point in the proceeding to tell to the
subject somewhat as follows: ‘’if you are telling the truth you have
nothing to worry about, this instrument will indicate you are who
requested me to make the test. That is fair enough, isn’t it? And you
don’t mind taking the test, do you?’’
5. Experience has indicated that such statement tends to relieve the
emotional tensions in person who is telling the truth, and at the same
time they offer no relief to the liar, moreover, the asking of as regarding
the subject’s consent has proved worthwhile in those cases where the
criminal confessions are obtained as a result of the test.

The room must also be properly lighted as to avoid glaring effects to the subject, and
must be sufficiently ventilated (if air conditioned) so that a comfortable temperature
is ensured. It is ideal for an examination room to have an adjoining “observation
room” with a one-way mirror for the following reasons:

a. observers, such as the subject's lawyer and family, may want to witness the
examination procedure;

b. this eliminates the possibility that the subject accuses the examiner of taking
advantage during the examination proper.

c. provides security and protection to the examiner in case a subject becomes

agitated and resorts to physical harm;

d. to prevent the subject from escaping;

e. to protect the machine from any damage inflicted by the subject to thwart the
results of the examination; and

f. to provide other examiners the chance to observe the proceedings, just like in
medical school where they allow students to observe the actual procedure.

The room should also have a remote sound system or video tape amplifier so that
authorized audience or observers, including the investigators, can monitor the test
proceedings.

If an examination must be conducted away from the examination room (also known
as “Field Laboratory Work”), the examiner and the investigator both scout for the
most conducive place where the examination can be conducted. There are valid

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reasons as to why a polygraph test must be conducted in the field. These are
enumerated below.

a. The subject is at a high risk — When the subject cannot travel due to security
reasons, as in some high-profile cases and confidential situations, where death
threats are involved.

One example would be a bombing incident somewhere in Region V. Here, the

examiner was requested to conduct a polygraph test on a subject accused of
conniving with the NPA, who can give information about the movements of
troops inside the camp. After an operation with the enemy camp and on their
way back to their camp, the troops were ambushed by the rebels though they took
a different route. Thus, many of the troops perished.

Another example would be a case in Region III wherein the troops of the regional
director were ambushed while on their way to conduct an investigation an
offshoot of a shooting incident during a rally at Mariveles, Bataan, wherein one
died and scores were hurt. The director was travelling with his team of experts,
including a ballistician and a chemist who were supposed to conduct bullet
comparison and paraffin tests at the crime scene. After a thorough analysis of
case, the investigators concluded that an insider might have tipped off the leftists
as to the movement of troops, due to the ambush that occurred.

In both cases, the investigators were able to narrow down their suspects and
requested that all of them undergo polygraph tests.

b. Cost considerations — When it is more expensive to bring the subject to the

examination room than for the examiners to go to the subject, then a field work is
necessary. This is especially true when the crime scene is bigger (e.g., a factory or
department store), such that everyone can come and go and have access to the
room where the crime has been committed. Thus, examiners would need to test
all the possible suspects.

c. When the work of the subject is affected —In this case, it would better for the
examiners to conduct a test on site, because when a subject has other things in
mind (e.g., having to go back to work or missing work together), then this can
affect the results of the examination.

d. Long travel time — If a subject has to travel for a long time, hich can affect his
health, then a field work is necessary. Rather than wasting precious time, money
and efforts, thus increasing the likelihood of an inconclusive result, the examiner
should just go to where the subject is located. In our present situation, this
problem had already been addressed by the PNP by procuring more polygraph
machines and by training qualified polygraph examination to be assigned to
strategic places and provinces.

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 Four Phases of Polygraph Examination

1. Preliminary preparations- Initials Interviews with the investigator

handling the case or person requesting it.

The Groups Involved in the Case:

a. Victim/Complainant
b. Suspects
c. Witnesses
‘’the three groups in the case are all liars’’

This phase includes;

A. Obtaining and Evaluating facts
b. determining the areas, the subject needs to be asked
c. the investigator must furnish the examiner of the following:
a. Sworn Statement of the suspect/witnesses/ victim/ complainant.
b. Incident or Spot report
c. B.I of the suspect, witnesses, and victim/ complainants.
d. rough sketch or pictures of the crime scene and other facts such as;
1) Specific article and exact amount of money stolen.
2) peculiar aspect of the offense or any strange set.
3) exact time the offense was committed.
4) known facts about the suspect’s action or movement.
5) facts indicating any connection between the suspects, victim and
witnesses.
6) exact type of weapon, tool or firearms used.
7) result of laboratory test.
8) unpublished facts of the offense known only by the victim, suspects and
the investigator.

2. Pre- Test Interview with the Subject- the primary purpose of the pre-test
interview is to prepare or condition the subject for the test.
a. The appraisal of subject’s constitutional right.
b. Obtain subject’s consent to undergo polygraph test by signing a
statement of consent.
c. The taking of personal data of the subject.
d. Determining his/ her suitability as a subject
e. Evaluating the psychological preparation of the subject.
f. Informing the subject of his involvement with the case.
Four rights of the Subject;

1. The right to remain silent

2. Anything you say may be used in favor or against you

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 3. The right to have a lawyer of his/her own choice
4. Right to refuse
‘’When the blood pressure rises up to 150 over 100 do not conduct
examination’’

Persons or subjects will not be scheduled for examination when

they:

a. Are obviously fatigued or in ill health.

b. Are physically injured or in pain.
c. Their judgment is obviously influenced by or impaired by drugs or
alcohol.
d. Have just suffered emotional trauma.
The examiner’s interview with the subject prior to the test is of
considerable importance, both of the purpose:

(1) Conditioning the subject for the examination and also

(2) In order to provoke and observe the helpful indications of guilt and
innocence which are often forthcoming at this time.
Following is the detailed outline of the pre-test interview which has been
found to be effective. (We are assuming in the case illustrated that the subject
has already been advised of the fact that he is to be given a lie- director test.)

a. As the examiner enters the waiting room to request the subject to

accompany him into the examination room, the greeting which the
examiner extends should be cordial, but firm.
b. Upon entering the examination room, the subject should be
requested to sit down in a chair alongside the instrument, and
immediately thereafter the examiner should proceed to the taking of
the consent of the subject.
c. Then fill up the necessary data asked in the interrogation log.
d. Afterwards inquire from the subject whether he has been on a lie
detector test before. No further comment should be made by the
examiner but he should listen carefully to whatever the subject
himself may say.
e. If the subject has not told of the purpose of his appearance in the
testing laboratories, the examiner should explain that a lie detector
test is desired of him as part of the investigation regarding the case.
Much time should be spent in the preliminary interview as the
circumstances reasonably warrants.
The Examination/ instrumental test – the conduct of
instrumentation and actual test.

After the pre-test interview, the examiner should proceed to

place the attachment on the subject. The first to be attached is
Pneumograph, then the Cardiosphymograph and the Galvanograph.

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 Review all the questions with the subject before the actual examination
is made. The examiner should discourage any comments or statement
by the subject. Test instrument must be given to the subject.

a. Upon completion of the necessary preliminary preparation, the

transducers are attached to the body of the subject.
b. The blood pressure pulse cuff is wrapped around snugly around the
subjects upper arm and the pneumograph tube adjusted around the
chest.
c. If female subject/s or around the body, if male subject/s or around
the torso of male
d. The cuff is then inflated to a point approximate midway between the
systolic and diastolic blood pressure. That is midway between the
pressure produced by the output action of the heart and that
maintained at time of the hearts intake action.
e. The synchronous motor carrying the paper upon are made is then
set in motion, the motor being so timid that the paper moves along
at the rate of an out six inches per minute, then ten to fifteen
seconds after the instrument has been set in motion, the inked filled
pens of the instruments are permitted to make their blood pressure
pulse respiration tracings before the question are asked of the
subject.
f. During the test period the subject is informed that he answered by
either yes or no answer, and that they are so brief and to the point.
g. Approximately five to ten seconds after this instruction first
question is asked and then the other questions follows after or at the
interval of fifteen or twenty seconds.

5. Post interview/ interrogation

This includes all consideration that bears on the examination.
This is done just after the instrument is turned off. If the
polygraph test result indicates deception, the examiner will then
proceed to conduct short interrogation. The purpose of which is
to obtain confession. However, if the polygraph indicates that
the subject is innocent; the examiner will just release the subject
cordially and thanks him/her for his/her cooperation.

The purpose of further questioning after the test are:

a. To clarify the findings;
b. To learn of there are any other reasons for the subject’s
responding to a relevant question, other than the knowledge
of the crime; and
c. To obtain additional information and an admission for law
enforcement purposes, if the results suggest deception.
General and Specific Rules to be followed in the formulation of
questions:

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1. Questions must be simple and direct.
2. They must not involve legal terminology such as rape, murder, etc.
3. They must be answerable by yes or no only.
4. Must be short as possible.
5. Their meaning must be clear and unmistakable phrase in a language that
the subject can easily understand.
6. They must not be in the form of accusation.
7. Question must never contain an inference which presupposes knowledge
on the part of the subject.
8. All questions must refer to one offense only.
9. All questions must refer to only one element of an offense.
10. They must not contain interference to one’s religion races or belief.

A. Test Question
The phraseology of the test question is an extremely important
aspect of the examination. The questions, and every word used in the
questions must be unambiguous, unequivocal, and thoroughly
understandable by the subject.
The questions must be states as simple as possible, and with a
complete avoidance of such double inquiries as ‘’did you shoot him and
then run into the house’’?
All questions must have only a single, unambiguous meaning.
There should be an avoidance of lengthy questions.
Simplify questions. Avoid legal terms such as rape, murder,
embezzlement, etc.

Different Types of Questions

1. Irrelevant Questions- these questions are formulated without

any specific relationship with the case under investigation. They are
assigned to established subject’s physiological norm and to reduce
excitement level created by a relevant question, in this question by
the examiner usually refer to dates, names of place, subjects’
position etc.
2. Relevant Questions- these are the primary or key questions
asked by the examiner in order to resolve a specific subject matter.
Its purpose is to detect deception, as a result of this type of question
in the polygraph examination via between chart probing and
interrogation.

Relevant questions are further classified as to their stimulation

effect. This strong or primary or crucial question is a relevant
question having and intense and specific relationship with the crime
or problem being considered. It is designed and constructed to test
for direct involvement for direct involvement only and specifically
designed to produce emotional response in guilty subjects.
Secondary or weak questions concern some secondary element of
the crime or problem and deal mostly on guilty knowledge and

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partial involvement. The different types of weak relevant questions,
some of which are capable of becoming strong relevant are further
classified as follows.

a. Sacrifice or DYAT Questions

This is designed to absorb the responses generally generated by
the introduction of the first relevant question in the series. It
reveals the subject norm plus stimulus and excitement level.
Construction of this question is regarding the matter under
investigation, as ‘’Do you intent to answer truthfully all the
questions about them’’.
Example: regarding the stolen wristwatch, you intend truthfully
to answer each question about that?

b. Knowledge Questions
This is the question designed to prove whether the subject
possess information regarding the identity of the
offender, or as to the location of the evidence or other
secondary elements of the case under investigation. The
knowledge question is framed ‘’Do you know who
committed the offense’’ in the formulation of the question
and review.

Example: do you know for sure who stole the wristwatch

of Hazel?

c. Evidence Connecting Questions

This is designed to stimulate the guilty subject and focus
his attention on the probability of incriminating proof
that would tend to establish his guilt. In formulating the
questions, the examiner must secure information from
the investigator as to whether or not fingerprints,
footprints, tools or other evidences where collected from
the crime scene. The examiners proceed in asking the
question ‘’Was the evidence found in (crime scene)
yours?’’

d. Control Question (Probable Lie)

This is a question designed to produce a response in the
innocent subject and serve as a basis for evaluating the
subject perceptual set. Control questions would either be
a primary or secondary. the primary control question is
based on a known lie. It must concern about events that
transpired within three to five years period before the
case under investigation (present) occurred, in example of
the question is ‘’before reaching the age of 20, have you
stolen anything’’
The secondary control question is of more specific in
nature and is based upon another experience or wrong
doing which will enhance the opportunity for

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 responsiveness. Its scope covers up to the present period.
The question of responsiveness must not be related to the
case under investigation for example, ‘’have you ever
committed any crime in your community or have you ever
stolen anything?’’
e. Sympathetic Questions
These questions are designed to detect and evaluate the
presence of the outside issue factor is neither a case which
he is involved, but is nor a subject matter under
investigation. An example of this is ‘’Are you now
convinced that I will not ask you any questions aside from
those which we have reviewed? Or ‘’Are you afraid that I
will ask you about something which I told you I would
not’’?
f. SKY Questions
These three questions grouped together by Backster
confirm the previous charts and may detect indirect
involvement or guilty knowledge. The ‘’S’’ stands for
suspect; ‘’K’’ stands for know; and the ‘’Y’’ stands for you.
The ‘’Y’’ question is the same as the strong relevant
question.

Example: do you suspect anyone in particular of stealing

Hazel’s wristwatch?

B. Test Procedures
The polygraph test consists of asking the subject/person through the
transducer of the instrument, a list of prepared questions in a planned
sequence; comprising of not more than twelve. At least 3 test charts are
taken, each lasting not more than four (4) minutes with a rest interval
of five (5) to ten (10) minutes between charts.

‘’What Takes Place on a Polygraph Chart During the Test?’’

During the test, the examiner asks questions, this question
becomes verbal stimulus, and the message is received by the air and
transmitted to the brain. The brain analysis the question, if the
question is not a threat to the well-being of the subject the thought
central center discards it and the body continue to function normally.
However, chain reaction takes place within his/her body, which is
recorded by the polygraph instrument and can be evaluated by the
polygraph examiner.

Test Construction Applied is of Two (2) main Types:

1. General Question test – most commonly applied.
2. Peak-of- tension test - usually used as supplementary test.
TYPES OF TESTS TO BE APPLIED:

General Question Test:

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This test is about the case under investigation. These are sequence or
relevant, irrelevant, and control question asked is a designed order. The
questions are arranged in order to contrast the subject’s responses
between relevant questions and control questions. The answer to the
questions is restricted to yes or no only.

The sequence and sample of general question test are as follows:

1Q- Irrelevant-Is your first name Raine?

2Q- Irrelevant- Do you know that today is Thursday?

3Q- Weak relevant -between 7:30 Am to 10:30 Am of October 25,

2002, did you open the table drawer of Mr. Reynaldo Suave?

4Q- Irrelevant- Are you married?

5Q - Strong Relevant — Were you the one who actually Stole the
missing P50, 000.00 cash money of Mr. Reynaldo Suave?

6Q - Control - Before attaining the age of 25 have you ever stolen

anything?

7Q - Irrelevant - Do you know how to read?

8Q - Evidence Connecting - Were the bunch of keys recovered under

the table of Mr. Reynaldo Suave, yours?

9Q - Knowledge = Do you know who stole the cash of Reynaldo Suave?

10Q - Secondary Control -Have you ever stolen anything from your
current employment?

Purpose:

1. To get the standard tracing of the subject.

2. To establish a truth telling pattern for the initial part of the record.

THE GENERAL QUESTION TEST (General Series)

- This consists of a series of Relevant & Irrelevant Questions asked in a

planned order. Questions are so arranged as to make possible a
comparison of responses to relevant questions with a subject’s norm
made during the answering of irrelevant questions

OTHER TYPES OF QUESTIONS ASKED IN THE GENERAL

QUESTION TEST

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Weak Relevant Question - it concerns some secondary element of
the crime or problem and deals with mostly in guilty knowledge and
partial involvement.

Strong Relevant Question - it is defined as verbal stimulus of

primary important projected in the form of 4 question which overcome
a psychological excitement level and causes changes from the subject’s
physiological norms.

Evidence Connecting question - it is designed to stimulate the

guilty subject and focus his attention on the probability of
incriminating proof that would tend to establish his guilt.

knowledge question — this question is designed or begun to probe

whether the subject possess information regarding the identity of the
offender, the location of evidences or items of secondary element of the
case.

Number Test (Psychological Test):

Upon finishing of the first test, here is another part of the test, the
examiner will show to the subject (7) variously numbered cards, face
down. The cards are set in such a way the examiner will right away
know which card has been chosen by the subject. The numbers 7, 11,
and 13 should need to be used because other subjects are too
superstitious and numbers 6 and 9 should not be included to avoid
confusion on the part of the subject. The cards with numbers 15, 8, 5, 3,
4, 14, and 12 are used.

The subject is given an instruction to get a card, look at it and

memorize the number of the card that was chosen and return it without
showing it to the examiner or telling the number. After the selection is
finished, the examiner shuffles the cards and will instruct the subject to
answer “no” to each question regarding cards, even if the number of the
card he has chosen is asked. In short one of the subject’s answers to the
question will be lie.

The verification test is intended to assure the innocent examinee, the

accurateness of the test, and of the competency of the polygraphist. It
further serves to arouse the guilty examinee.

Purpose:

1. To check the possible deliberate distortion when the chosen number

is asked.

2. To obtain a chart wherein the subject is not under stress.

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Spot Responder:

This test contains question previously asked questions in General

Question Test (GQT). With the same number of the same question on
the earlier test, the sequence would be:

1Q-Irrelevant- Is your first name Raine?

3Q - Weak Relevant — Between 7:30 AM to 10:30 AM or October 25,

2002, did you open the table drawer of Mr. Reynaldo Suave?

2Q — Irrelevant — Do you know that today is Thursday?

5Q —Strong Relevant — Were you the one who actually Stole the
missing P50, 000.00 cash money of Mr. Reynaldo Suave?

4Q —Irrelevant — Are you married?

6Q — Control — Before attaining the age of 25 have you ever stolen

anything?

7Q — Irrelevant — Do you know how to read?

8Q -Evidence Connecting — Were the bunch of keys recovered under

the table of Mr. Reynaldo Suave, yours?

9Q — Knowledge — Do you know who stole the cash of Reynaldo

Suave?

10Q — Secondary Control — Have you ever stolen anything from your
current employment?

Purpose:

1. To determine the responsiveness of the subject to crucial/critical

questions and also serve as a check on possibility of spot responses.

Mix Question:

The test is the same with test III but question of GOT is again
mixed and the sequences of the question are as follows:

4Q — Irrelevant — Are you married

1Q— Irrelevant — Is your first name Raine?
9Q — Knowledge — Do you know who stole the cash of Reynaldo
Suave?
6Q — Control — Before attaining the age of 25 have you ever stolen
anything?
2Q — Irrelevant — Do you know that today is Thursday?
3Q- Weak Relevant — Between 7:30 AM to 10:30 AM of October 25,
2002, did you open the table drawer of Mr. Reynalldo Suave?

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10Q - Secondary Control — Have you ever stolen anything from your
current employment?

5Q - Strong Relevant - Were you the one who actually stole the missing
P50, 000.00 cash money of Mr. Reynaldo Suave?

6Q- Control — Before attaining the age of 25 have you were stolen
anything?

2Q - Irrelevant — Do you know that today is Thursday?

8Q - Evidence Connecting — Were the bunch of keys recovered under

the table of Mr. Reynaldo Suave, yours?

10Q - Secondary Control — Have you ever stolen anything from your
current employment?

Purpose:

To compare the degree of reaction between control and relevant

question.

Silence Answer Test (SAT):

In this test the subject is instructed by the examiner to avoid from

giving any verbal answer to the questions that are to be asked of him
during the test. The subject is instructed to pay attention of each
question only to himself, silently. In short, the subject should “sub
vocalize” his answer, in addition he should think of the truthful answer
and give the truthful answer silently to himself.

Two important points was found to be essential in order to achieve the

outmost benefits from the test: First, the subject should understand
clearly that on the Silent Answer Test (SAT) he will be asked of the
same question just like on his previous test and exactly in the order
they were asked before. Secondly, it is significant for the subject to
understand that though he is not to answer Verbally the test question,
he should answer all test questions silently in his mind with truthful
answer only.

Purpose: it is a confirmatory test or affirmative check with the silence

answer test.

Other Questions Asked:

1. Check Question -last question asked in the lie teat. It is direct

question that relates to the fact that the subject has told the truth to all
questions asked in the he test.

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 2. Fishing Expedition Test Question —Used to vagrants or loiters
for routine interrogation. No idea about what offense has been
committed. Examples:

a. Have you ever been arrested before?

b. Are you wanted anywhere now by the police?

c. Have you stolen anything since you have been in tour?

C. SUPPLEMENTARY TESTS Aside from the standard tests described

above, the following special tests may be performed and incorporated as part
of the procedure or may be used as supplementary tests depending upon the
result of the standard test in order to draw a better conclusion.

Peak-of-Tension Test:

The subject may be given this test if he is not yet informed of the details of the
offense for which he is being interrogated by the investigator, or by other
persons or from other sources like the print media.

This valid test is only made possible when there is no widespread publicity
about a crime where intimate details as to the methods of commission or
certain facts of the case is known from the victim and investigator.

The questions formulated are similar in nature and construction, only one of
which is true and the perpetrator who would naturally be in possession of
such unpublicized; knowledge will usually exhibit a rise in the tracing up to
that particular question followed by a decline thereafter, caused by the relief of
knowing that a dreaded question dangerous to his well-being, is past.

Examples of Peak-of-Tension Test:

a. Do you know whether the stolen watch from Allan is a Seiko? (This is an
introductory phrase plus padding question)

b. Is it an Omega? (Padding)

c. Is it a Rolex? (Padding)

d. Is it Timex? (Relevant question)

e. Is it Alba quartz? (Padding)

f. Is it a Citizen? (Padding)

Guilt Complex Test:

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This test is applied when the response to relevant and control questions which
are similar in degree and in consistency and in a way that the examiner cannot
determine whether the subject is telling the truth or not.

The subject asked questions aside from the irrelevant, relevant and control
questions, a new series of relevant questions dealing with a real incident and
that which the subject could not have committed.

If the subject does not respond to the added relevant questions, it indicates
that the subject was being deceptive to the primary issue under investigation.
However, no conclusion can be drawn if the response to added guilt complex
is similar to the real issue questions.

Silent Answer Test (SAT): This test is conducted in the same manner as
when relevant and control questions are asked but the subject is instructed to
answer the questions silently, to himself, without making any verbal response
causes distortion in the tracing such as sniff or clearing the throat.

D. KINDS OF SPECIFIC TESTING

Known Solution Peak of Tension
This is administered when a fact relating to the event is known only to the
perpetrator of the offense and the victim, police and client. This material
fact, whether it be particular sum of money, a particular make of weapon,
etc. is inserted into test comprising a list of similar items, the examinee is
tested to determine his guilty knowledge.

Proving Peak of Tension

This is administered to obtain information that might prove valuable to an
investigation. It is designed to determine the location, disposition, modus
operandi and amounts on the list of possibilities.

Pre-employment Test
This test seeks to verify information contained in a job application and
develop relevant information deliberately committed by the subject.

Periodic Testing
This is conducted for the purpose of determining the honesty of employees
assigned to sensitive position. It also acts as a constant deterrent to
employees’ dishonesty.

Characteristics of a Good Polygraph Examination Room

1. Lie detector test should be conducted in quiet private room.

2. Select a room with none of the usual police surroundings and with no
distraction within the subject view.
3. Select a room without any windows at all.
4. The interrogation room should contain no ornaments, pictures or other
subject which would distract the attention of the person being tested or
interviewed.

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5. This suggestion refers to the presence within the subject’s reach of small
loose objects such as papers, clips or pencils that he may be inclined to
peck up and further distract the course of the interrogation.
(EFFECT)- Tension relieving activities of this sort detract from the
effectiveness of this interrogation, especially during the critical phase when
a guilty subject may be trying desperately to suppress an urge to confess.
6. Estrange noise such as the ringing of a telephone or the conversation of
person outside the examination room, of the presence of the arresting
officers or other spectators in the room itself, may produce disturbances
and distractions which will interfere with a satisfactory diagnosis of
deception.

General Considerations
When conducting Polygraph examination:

1. In order to conduct a satisfactory lie-detector test, kit is advisable for

the examiner to obtain form the investigators interested in the case, all
the available facts and circumstances forming the basis of the
accusation or suspicion directed against the person to be examined.
2. This will include, of course, the case of the detail itself. Such
information is essential to the examiner so that he will be in a position
to know questions should be asked of the subject during the test.
3. The subject who is about to be tested should be informed of the nature
of the test and purpose of it. The instrument should be pointed out to
him as one which is capable of determining whether or not a person is
telling the truth about a given matter. He should be informed that it
records certain bodily changes and that the instrument will not cause
any physical pain except for a slight temporary discomfort occasioned
by the blood pressure cuff.
4. The writer made it practice, at this point in the proceeding to tell to the
subject somewhat as follows. ‘’ if you are telling the truth you have
nothing to worry about, this instrument will indicate you are telling the
truth, and I’ll report the fact to the officers who requested me to make
the test. The machine itself will show it; and I’ll tell you so, and then I’ll
ask you to let me hear the truth. That is fair enough, isn’t it? And you
don’t mind taking the test, do you?’’
5. Experienced has indicated that such statements tend to relieve the
emotional tension in a person who is telling the truth, and at the same
time they offer no relief to the liar. Moreover, the asking of as regarding
the subject’s consent has proved worthwhile in those cases where the
criminal confessions are obtained as a result of the test.

Important Reminders

1. Do not wait until the last minute to ask a person to take the test.
2. Do not tell the subject everything that you know about the offense or
about him.
3. Do not fail to investigate the case before you ask a person to take the
test.
4. If for some reasons, it must be temporarily taken, the investigator must
continue investigating the case.

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 5. Do not depend on mass screening of possible suspects to produce a real
or the guilty one.
6. Do not tell anyone that the lie detector will decide whether one is
innocent or guilty. The court will make the decision.
7. If the test indicates that the person did not tell the truth or if the person
confesses after the test, do not think that the investigation is over.

What Law or Jurisprudence gives the Basis of Admissibility

Polygraph obtained during an examination is generally not admissible as evidence in

court or even if allowed cannot stand alone. However, statements and confessions
obtained through the use of polygraph instrument are admissible provided all other
requirements that the subject is appraise of his applicable right, and the presence of
counsel. In this respect no subject can be compelled to take the test. Expert
testimony on polygraph maybe admitted as evidence subject the discretion of the
trial judge. Although perfection in test results is not a prerequisite to the
admissibility of evidence obtainable by the used of scientific instrument or
techniques, the practice has been grant judicial recognition only after proponents of
the unprecedented evidence have shown that the instrument or techniques has a
reasonable measure of precision in its indication and that is accepted one in
particular profession or field of science to which belong. (Case of PP vs. CAPUNO
3565 SCRA 249 April 04, 2001).

The other means that the Polygraph result can be admissible in court aside from
stipulation and order from the court; during the presentation of the defense they
should establish the fact that the polygraph examiner upon request of the
investigator examined the accused and they would like to offer as evidence the
technical report of the examiner. The court will accept the evidence based on the
presumption that the polygraph report is suppressed evidence since the finding is
against the finding of the investigator.

The first major case dealings with the used of polygraph in criminal cases was tried
in 1923. This case sets a precedent in

polygraph. Frye vs. United States, the courts ruled that polygraph is inadmissible
based on the general acceptance rule of scientific reliability. The Frye case involved a
man accused of murder. Even though Frye claimed that he was innocent a jury found
him guilty. Before his trial Frye was given a polygraph. A researcher by the name of
Marston gave the opinion that Frye was telling the truth. Marston used blood
pressure changes as indicators fro truthful or deceptive responses. After serving

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about three years of his prison sentence another man confessed to the murder and
fry was released. (Trosville 2001)

July 1981, brought a legal change involving polygraph. Prior to July 1981, stipulation
between prosecution and defense was a vehicle for the admittance of polygraph.
However, the July 1981 ruling disallowed that stipulation. At present only statement
(confession) is admissible at trial level. Law Enforcement agencies today utilized
polygraph as an aid investigative tool (Kleiner 2001).

Many countries all over the world have utilized polygraph technique as a method of
lie detection. It has been proven that itis a valuable aid in investigation. In some
countries polygraph test results are admitted as evidence in courts. In the United
States of America almost all courts utilized polygraph and more than one half of
these courts accept it as evidence in criminal prosecution.

Polygraph and expertise testimony thereto can be admissible upon stipulation to

corroborate with other evidence of a defendant’s participation in crime charged or to
corroborate to impeach of his owned testimony under the following Conditions:

a. The counsel of both parties and the subject all have signed written stipulation
providing for his admission to the polygraph and examiner’s opinion thereon in
behalf or either the defendant or the state.

b. That the admissibility of test result is subject to the discretion of the trial judge if
the trial judge is not convinced that the examiner is not qualified of the test was
conducted under improper condition, the judge may refuse to accept such evidences.

c. That if the graph and the examiner’s opinion are offered in evidence; the opposing
party shall have their right to cross examine the examiner respecting the following:

1. The qualification and training of the examiner

2. The condition under which the test is administered

3. At the discretion of the trial judge

4. The limitations and possibilities for error in the technique

That if such evidence as admitted by the examiners. testimony dos not tense to prove
any element of the crime that which the defendant is charge; that the test is only to
indicate that at the time of the examination subject was not telling the truth. It is the
trial judge who will determine the weight and effect of such testimony. (Ansley 1990).

Other Legal Issues on Polygraph examination

In 2007 polygraph testimony was admitted by stipulations in 19 states, and was

subject to the discretion of the trial judge in federal court. The used of polygraph in
court testimony remains controversial although it is used extensively in
postconviction supervision, particularly of sex offenders. In Daubert vs. Merrel Dow

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Pharmaceuticals 1993, the old Frye standard was lifted and all forensic evidence
including polygraph had to meet the new Daubert standard in which “underlying
reasoning or methodology is scientifically valid and properly can be applied to the
facts at issue”. While polygraph test is commonly used in the police investigation in
the U.S. no dependant or witness can be force to undergo polygraph test (Raskin,
Barland et, al.2009).

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