MODULE 6  Explore the various applications of

Course Forensic 5 polygraph testing beyond criminal

Code: investigations.
Course Lie Detection Techniques
Title:
School: Panpacific University-Tayug
Campus LESSON PROPER
School of Criminology
Authors: Jake M. Allarte LEGAL ASPECTS
The polygraph examiner’s opinion,
analysis and interpretation of the test chart
Topic Outline Of The Entire Course generally are not acceptable as evidence,
Topic 1 Legal Aspects particularly if it is standing alone. The
examiner may however testify in the
Topic 1: Legal Aspects voluntaries of any statement, admission of
confession obtained after an individual
agreed to the test
Topic Outline
Admissibility of Expert Testimony
Lesson 1: Admissibility of Expert
Polygraph and expertise testimony
Testimony relating thereto can be admissible upon
Lesson 2: Rights of Defendants in the stimulation to corroborate with the
Examination other evidences of the defendant’s
Lesson 3: Written Stipulation by Parties participation in crime charge or to
Lesson 4: Crime of Perjury and the corroborate to impeach of his own
Polygraph testimony under the following condition:
Lesson 5: Crime of Perjury and the
1. The counsel of both parties and the
Polygraph subject all sign written stipulation
Lesson 6: Private Practice providing for his admission to the graph
Lesson 7: Other purpose of Polygraph and examiner opinion thereon in behalf or
Testing either the defendant or the state.
2. That if the graph and the examiner’s
opinion are offered in evidence, the
opposing party shall have the right to
OUTCOMES
cross examine the examiner respecting
 Explain the legal standards for the following:
admitting polygraph expert a. The examiner’s qualification and
testimony in court proceedings. training
 Identify and discuss the legal rights b. The condition under which the test is
of defendants during a polygraph administered
c. At the discretion of the trial judge, any
examination.
other matter deem pertinent to the inquiry
 Understand the importance and d. The limitation and possibilities for error
legal implications of written in the technique
stipulations in polygraph e. Those if such evidence as admitted the
examinations. examiner testimony do not tense to prove
 Analyze the relationship between any element of the crime that which a
defendant is charge. That the test is only
perjury and polygraph results in
to indicate that at the time of the
legal cases. examination subject was not telling the
 Evaluate the reliability and truth. It is the trial judge who will
limitations of polygraph tests in determine the weight and effect of such
proving perjury. testimony.
 Examine the ethical and 3. That the admissibility of test result is
subject to the discretion of the trial judge,
professional considerations in
if the trial judge, if the trial judge is not
conducting polygraph convinced that the examiner is not
examinations in private practice. qualified or the test was conducted under

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improper condition, the judge may refuse Science is the best witness for it is
to accept such as evidence. objective and coldly neutral. The
Law Regarding admissibility criminologist must push forward the
The first appellate court decision frontier of truth by all moral and licit
upon the admissibility of the results a means. Without truth, there cannot be
deception test ws rendered in 1923 by a justice. The admission of any piece of
Federal court in Fry V. United States, in evidence is an issue that must be decided
which the accused, on trial for murder, in each particular case up to the highest
offered as evidence the results of Marston court on the land where needed. To be
“systolic blood pressure” test. imprisoned by precedents is mediocrity.
The trial court refused to permit Dr. Justice requires accuracy. This is
Marston to testify concerning his results, another name for truth. The balance
and upon appeal his ruling was affirmed. symbolizes it. For dispense of justice must
The reason, which impelled the court to hear both sides of question. Ferret out the
arrive at the conclusion of inadmissibility, chaff of anger, exaggeration, speculation,
is very clearly stated in its reported. half-truth or downright falsehood.
Admissibility of Polygraph Test Balancing the scale of justice is a
In accordance with the general sensitive task. It must not be befitted by
evidentiary rule, a failure of counsel to the winds of passion or distorted by the
object to evidence ordinarily considered grandstanding glare of publicity. It needs
inadmissible constitutes a waiver, cold neutrality. Hence, clinical objectivity,
although there are certain exceptions that and goodwill may conversely put absence
are not particularly relevant at this point. on malice, for everything may look yellow
In the case, State V. Jenkins, 04 to the jaundice eye. A malicious mind
Conn. App 417, 934, A.2d 281 (2007), for attributes malice to everyone.
one reason or another, the defense was
able to introduce polygraph test results, Discretion of Presiding Judge
favorable to the defendant, but without Regardless of the fact of a proper
objection form the prosecution. stipulation, they have discretion with
Objectives for admission of Test respect to the admissibility of test results,
As general rule of law, a trial attorney who and the discretionary power is generally
fails to state an objection to testimony in or acknowledge. Discretion also is a
physical evidence offered opposing necessary condition in the case where
counsel is considered to have waived his there are multiple defendants and the
right to later allege that the trial judge stipulated test results are offered only with
erred in admitting it. respect to one of them. The possible
prejudicial effect upon the other is factor
Rights of Defendants in Examination of considerable constitutional importance.
The answer to the foregoing
question might well depend upon the PRIVATE PRACTICE
purpose which the examination is sought. For as long as human being have
If the intention is to use the results, it must deceived each other, people have tried to
be favorable on behalf of the accused at develop techniques for detecting
his trial, the court in jurisdiction where the deception and determining the truth.
results are admissible as evidence, then These techniques have almost always
order the detaining authorities to allow included interviews and interrogations to
such an examination. try to see through deception and reveal
what a deceiver will not freely admit.
Written Stipulation by Parties Main purpose of Polygraph Examination
Although some court may admit Polygraph examinations are widely
test result upon finding by a trial judge used in United States and in some other
that there had been an oral agreement countries, notably, Israel, Japan, and
between both sides regarding polygraph Canada, for three main purposes:
examination and the admission of the test
results in evidence, there is generally an 1. They are used for pre-employment
incidence upon a written stipulation, screening in law enforcement and pre-
which should be filed as part of the court employment or pre clearance screening
record. in agencies involved in national security
2. They are used for screening current
Crime of Perjury and the Polygraph employees, especially in security-
sensitive occupations.

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3. They are used in investigations of Domingo, Shirley, S. Workbook in
specific events, for instance, in criminal Polygraphy The Science of Lie Detection
cases. Wiseman’s Books Trading, Quezon City,
Other purpose of Polygraph Testing Philippines, 2022
As it is noted, polygraph testing Soriano, Oscar, G. et al. Compendium of
Criminalistics Jerlou’s Book Publishing,
and interviewing are used for three
2018
purposes, as follow:
1. Event-specific investigation References Nulud, Crisanto M., Lorenzo, Harry Jr. C.,
2. Employee screening, and Amante, Diosdado A. (2009) Polygraph:
3. Pre-employment or pre clearance Criminalistic 5. Intramuros, Manila.
screening. Mindshapers Co., Inc. 2.
These different purposes are reflected in Agas, Guevara, Bautista, Tatoy, (2009),
Criminalistics, Quezon City, Philippines,
different kinds of questions that are asked
Wiseman Books Trading Inc.
in polygraph tests. For and event-specific Panganiban, Artemio Jr. I. and Calang,
investigation, the polygraph is used to Veronica V. Are you Lying…? Polygraph
investigate a specific incident, such as a (lie detector)
crime or specific act of sabotage or Panganiban, Artemio Jr. I. and Calang,
espionage. Veronica V. Polygraphy Detection
In this case, it is possible to ask Deceptography
relevant questions that are highly specific.
For screening, the polygraph is used with
current employees who may have
committed acts prohibited by employer or
by law, but there is usually no specific
known act that is the focus of the
examination. Relevant questions in a
security screening context might include
classified information.
Objectives of the Polygraph Screening
Additionally, the objectives of
polygraph screening are as follows:
1. To verify the correctness and
completeness of subject statement of
personal history.
2. To determine whether he will be
honest, sincere, and loyal in the
performance of his duties and
responsibilities.
3. To determine if any of them are
sympathetic in association or participating
in illegal or subversive activities.
4. To find out if any of them are
addicted to dangerous drugs, or any
unwanted vices.

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