CHAPTER 2

DECEPTION DETECTION
Prepared by Group 2:
1) Berino, Dominique
2) Canaleja, Mary Anne
3) Clitar, Ladynoreen
4) Cotoner, Carolyne
5) Dacara, Charie Ann
 DECEPTION DETECTION

Is a modern scientific method used in

determining whether a subject is telling the
truth or not. It is considered very useful as an
aid in criminal investigation although its
results are not yet recognized as admissible
evidence in court.
 METHODS OF DECEPTION
DETECTION
1) Devices which record the psycho-physiological
responses
2) Drugs that try to “Inhibit the inhibitor”
3) Hypnotism
4) Observation
5) Scientific Interrogation
6) Confession
 I. DEVICES WHICH RECORD THE
PSYCHO-PHYSIOLOGICAL RESPONSES
A. Polygraph or a lie detector machine
A machine that measures various physical attributes (such as
blood pressure, pulse, respiration and skin conductivity) and
attempts to correlate them with telling lies.
The use of polygraph test is that deceptive answers will produce
physiological responses that can be differentiated from those
associated with non-deceptive answers, however, there are no
specific physiological reactions associated with lying, making it
difficult to identify factors that separate those who are lying from
those who are telling the truth.
 REASONS POLYGRAPH EXAMINATION
INADMISSIBILITY IN COURT
 There is no degree of standardization of
acceptance yet
 The trier of facts is apt to give almost conclusive
weight to the polygraph expert’s opinion
No qualification parameters for the examiners
Examinee may unwittingly waive his right against
self-incrimination
Error factors of the examination itself
 FACTORS THAT MAY CAUSE
ERROR DURING POLYGRAPH
TEST
1. Nervousness or extreme emotional tension
2. Physiological abnormalities
3. Mental abnormalities
4. Unresponsiveness in a living or guilty subject
5. Attempt to “beat the machine” by controlled breathing or by
muscular flexing
6. Unobserved of muscular pressure which produces ambiguities
and misleading indications in the blood pressure tracing
 However, the results of the lie detector test may be
admissible if there is a stipulation of the parties and
counsels that they will accept said results.
The reason is that if the defendant agrees to the
admission of the polygraph result, then he should not
be able to object if the subsequent result turns out to
be unfavorable to him.
The judge may have the discretion as to whether it
is to be admitted or not
B.Word association test
- Measures the “time interval” between the stimulus
words and the response
- Answer is no concern
A procedure for investigating how word meanings are
stored in memory. This test usually consisted of a hundred
stimulus words that were read out singly to a subject who
was to “answer as quickly as possible with the first word
that occurs to you”. The reaction time, verbal response, and
test behavior were recorded and analyzed.
C. Psychological Stress Evaluator (PSE)
- detects, measures and graphically displays the voice modulations
that we cannot hear
- Always uses a recorder to preserve the confessions for court and
protect people from false accusations during the interview with
the subject.

Advantages of PSE over the Lie Detector Machine:

- It does not require the attachments of sensors to the person being
tested
- The testing situation need not be carefully controlled to eliminate
outside distractions, and
- Normal body movements is not restricted
 II. DRUGS THAT TRY TO “INHIBIT
THE INHIBITOR”
A.Truth Serum – hyoscine hydrobromide

B.Narcoanalysis / narcosynthesis – psychiatric

sodium amytal or sodium penthotal

C.Intoxication – “ in vino veritas” – in wine there

is truth
 A. ADMINISTRATION OF “TRUTH
SERUM”
 the procedure does not make someone tell the truth and the thing
administered is not a serum but is actually a drug
 hyoscine hydrobromide is given hypodermically in repeated
doses until a state of delirium is induced
 when the proper point is reached, the questioning begins and the
subject feels a compulsion to answer the questions truthfully
 the results of the test is not admissible in court, because of the
potential risks in the application of the procedure which is seldom
used
 B. NARCOANALYSIS OR NARCOSYNTHESIS
NARCOSYNTHESIS
- refers to a group of techniques which has its origins in the practice of
“narco-hypnosis” (is the use of various narcotics to induce various types of
hypnotic states)

NARCO-ANALYSIS
- is used to describe a diagnostic and psychotherapeutic technique that uses
psychotropic drugs

The administration of the drug and subsequent interrogation must be done

by a psychiatrist with a long experience on the line. Like the administration of
truth serum, the result of the test is not admissible in court.
 C. ALCOHOL INTOXICATION
A physiological state (that may also include psychological
alterations of consciousness) induced by the ingestion of ethanol
(alcohol)
The apparent stimulation effect of alcohol is the result of the
control mechanism of the brain, like truth serum and
narcoanalytic drugs “inhibit the inhibitor”.
Confessions made by the subject while under the influence of
alcohol may be admissible if he is physically capable to recollect
the facts that he has uttered after the effects of alcohol
disappeared.
 III. HYPNOSIS
The alteration of consciousness and concentration in which
the subject manifests heightened suggestibility while awareness
is maintained.
Not all persons are susceptible to hypnotic induction.
Subjects who are compulsive –depressive type, strong-willed
like lawyers, accountants, physicians and other professionals are
usually non hypnotizable.
Hypnosis may not yield admissible evidence but it may be of
some use during investigation as a discovery procedure.
 REASON WHY HYPNOSIS IS NOT
ADMISSIBLE IN COURT
1. It lacks the general scientific acceptance of reliability
2. The judge may give it uncritical and absolute reliability
without consideration of its flaw in ascertaining veracity
3. The hypnotized subject may deliberately fabricate
4. The subject may be in a state of “heightened suggestibility”
5. The state of mind, skill and professionalism of the examiner
are too subjective to permit admissibility of the expert
testimony
 IV. OBSERVATION
Guilt is both a cognitive and an emotional experience
that occurs when a person realizes that he or she has
violated a moral standard and is responsible for that
violation. Guilt feeling may also inhibit us from falling
short of our ideals in life,
A subject under stress on account of the stimulation
of the sympathetic nervous system may exhibit changes
which may be used as a potential clue of deception.
 PSYCHOLOGICAL AND PHYSIOLOGICAL
SIGNS AND SYMPTOMS OF GUILT
1. Sweating
2. Color change –visual appearance in skin complexion
3. Excessive Activity of the Adam’s Apple
4. Dryness of Mouth
5. Fidgeting – act of moving about restlessly
6. Swearing to the truthfulness of his assertion
7. Peculiar feeling inside
8. Inability to look at the investigator straight in the eye
9. Not that I remember expression
10. Spotless pass record
 V. SCIENTIFIC INTERROGATION
The questioning of a person suspected of having committed an offense or of
person who are reluctant to make a full disclosure of information in his
possession which is pertinent to the investigation. It may be done on a suspect or
a witness.

TECHNIQUES OF INTERROGATION
1. Emotional Appeal - sympathetic and friendly to the subject
2. MUTT and JEFF – 2 investigators who act s Mutt (arrogant and restless) and
Jeff (sympathetic, kind and friendly)
3. Bluff on Split Pair Technique – all suspects are interrogated separately and
the results of individual statements are not known to one another
4. Stern Approach – utilizes harsh language and immediate response is
demanded.
5. Lengthy, Time consuming narration
DIFFERENT TYPES OF CRIMINAL
OFFENDERS
1. Based on behavioral attitude
a) Active aggressive offender
b) Passive inadequate offenders
2. Based on the state of mind
a) Rational offenders
b) Irrational offenders
3. Based on proficiency
a) Ordinary offenders
b) Professional offenders
4. Psychological Classification
a) Emotional offenders
b) Non-emotional offenders
 REQUIREMENT FOR
ADMISSIBILITY OF
INTERROGATION IN COURT
Sec. 20 Art. IV, Bill of Rights, Philippine Constitution:
No person shall be compelled to be a witness against
himself. Any person under investigation for the
commission of an offense shall have the right to remain
silent and to counsel, and be informed of such right. No
force, violence, threat, intimidation, or any other means
which vitiates the free will shall be used against him. Any
confession obtained in violation of this section shall be
inadmissible in evidence.
 INFERENCES THAT A PERSON IS
NOT TELLING THE TRUTH DURING
INTERROGATION
1. The subject’s statement have many improbabilities and gaps
on its substantial parts.

2. The subject’s statements are inconsistent with the material

facts.

3. The subject’s statements are incoherent, conflicting with one

another.
 VI. CONFESSION
 is an expressed acknowledgement by the accused in a
criminal case of the truth of his guilt as to the crime
charged, or of some essentials thereof
 is different from admission, although admission includes,
as one of its species, confession
 is a statement of guilt while admission is usually a
statement of fact by the accused which does not directly
involve an acknowledgement of guilt of the accused
 KINDS OF CONFESSION
1. Extra-judicial Confession
- confession made outside of the court prior to the trial of the case
- not sufficient ground for conviction, unless corroborated by evidence
of corpus delicti (Sec. 3, Rules 133, Rules of Court)
CORPUS DELICTI - the body of the crime or fact of specific loss or
injury sustained.
a) Voluntary extra-judicial confession
- when the accused speaks on his free will and accord, without
inducement of any kind, and with a full and complete knowledge of the
nature and consequence of the confession, and when the speaking is so free
from influences affecting the will of the accused, at the time the confession
was made that it renders it admissible in evidence against him
b. Involuntary extra-judicial confession
 confessions obtained through force, threat, intimidation, duress or anything
influencing the voluntary act of the confessor
 confessions obtained from the defendant by means of force and violence is
null and void, and cannot be used against him at the trial
 confession made under the influence of spiritual advice or exhortation is not
admissible
 confession made under the influence of parental sentiment is not admissible
 confession made when a threat or promise was made by, in the presence of a
person in authority, then the confession of the accused will be presumed to
be the exclusive effect of inducement and therefore inadmissible
 confession through a “third degree”, the duty of the physician is to
determine the presence and extent of physical injuries on the subject.
2. Judicial Confession
 confession of an accused in court. It is conclusive upon the court
and may be considered to be a mitigating circumstance to criminal
liability.
 a plea of guilty when formally entered on arraignment is sufficient
to sustain a conviction of any offense, even a capital one, without
further proof

JUDICIAL ADMISSIONS
 admissions made by the parties in the pleadings, or in the course of
the trial or other proceedings do not require proof and can not be
contradicted unless previously shown to have been made through
palpable mistake.
 MALTREATMENT OF A PRISONER
IS A CRIME
Art. 235, Revised Penal Code – Maltreatment of proisoners:
The penalty of arresto mayor in its medium period to prision correccional
in its medium period, in addition to his liability for the physical injuries or
damaged caused, shall be imposed upon any public officer or employee who
shall overdo himself in the correction or handling of a prisoner or detention of
of a prisoner under his charge, by the imposition of punishments not
authiorized by the regulations, or by inflicting such pinushments in a cruel and
humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some
information from the prisoner, the offender shall be punished by prision
correctional in its minimum period, temporary special disqualification, and a
fine not exceeding 500 pesos, in addition to his liability for the physical
injuries or damaged cause,
 ELEMENTS OF THE CRIME IN
MALTREATMENT OF PRISONERS
1. The offender is a public officer or employee
2. The offender has under his charge a (convicted) prisoner or a
detention prisoner
3. The offender maltreats the prisoners in any of the following way:
a. by overdoing in the correction on handling of prisoner, either by (1)
imposition of punishment not authorized by the regulation, or (2) by
inflicting such punishment in a cruel and humiliating manner; or
b. By maltreating such prisoner to extort a confession or to obtain
some information from the prisoner.
 THE TOKYO DECLARATION

The Tokyo Declaration which was endorsed

by the World Medical Association in 1975
contains guidelines to be observed by physicians
concerning torture and other cruel, inhuman, and
degrading treatment or punishment in relation to
detention and imprisonment.
Thank you!!!