POLYGRAPH: As A Tool

in Criminal Investigation
2024年3月24日 星期日 2
 POLYGRAP
H
•
- is a composition of two words, “poly”
which means “many” and “graph” which
means “writing chart”.

•
- defined as a scientific instrument
especially designed to record psycho-
physiological changes that occur within
the body especially of lying when
questioned.
POLYGRAPHY
is a scientific method of detecting truth or
deception through the use of the
polygraph instrument.

POLYGRAPH TEST
is a series of relevant, irrelevant, and
comparison questions prepared by the
examiner, for the matter under
investigation, and asked of the person
being examined.
Polygraph usage has proven successful in:

•
Eliminating suspects
•
Recognizing false complaints
•
Testing informants to determine the
veracity of information provided
•
Providing a new "key" to an
investigation when all other standard
investigative techniques have been
exhausted
•
Narrowing the focus of enquiry
•
Gathering additional information and
evidence
•
Assisting to focus the investigation
on particular suspects
COMMON POLYGRAPH MYTHS

Myth1
The polygraph is no good
because it is not
admissible in court?

7
 ADMISSIBILITY IN COURT

American Polygraph Association

 Frye v. U.S Federal Appeals Court 1923

 Picciononna v. U.S. Federal Appeals Court 1989

 Daubert v. M. Dow U.S. Supreme Court 1993

 Scheffer v. U.S., U.S. Supreme Court 1998

8
 LEGAL MATTERS
 RE: REPORT ON THE SERIES OF THEFT AND ROBBERY IN
THE PREMISES OF THE SUPREME COURT [A.M. No. 02-10-
05sc Feb. 3, 2003] (Note: an EN BANC resolution)

 RE: AC No. 04-AM-2002 (JOSEJINA FRIA vs GEMILIANA

DE LOS ANGELES both COURT OF APPEALS stenographers)
AM No. CA-02-15-P June 3 2004] (Note: an EN BANC
resolution)

 PORFIRIO AUXILIO, JR., petitioner, vs NATIONAL LABOR

RELATIONS COMMISIONS, BAGUIO COUNTRY CLUB CORP.
and LOLITA GENOVE, respondents [G.R. No. 82189 Aug. 2,
1990]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

SOLITO TENA, defendant-appellant [G.R. No. 100909 Oct. 9
21, 1992]
 LEGAL MATTERS
 TUCOR INDUSTRIES, INC., and PATRICK BOLL,
petitioners, vs NATIONAL LABOR RELATIONS
COMMISSION, FLORENCIO BASCO, et al., respondents
[G.R. Nos. 96608-09 May 20, 1991]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

DIOSCORO VILLAMAYOR y OCAMPO @ JESSIE, accused-
appellant [G.R. Nos. 97475-76 July 18, 1991]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

WILLIAM FULINARA y APUCADA and ANTONIO BAUTISTA
y NARIDO, defendants-appellant [G.R. No. 88326 Aug. 3,
1995]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

PABLO ADOVISO, defendant-appellant [G.R. Nos. 116196- 10
97 June 23, 1999]
 LEGAL MATTERS
 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs
FERDINAND SUAREZ @ “JOJO” et al., accused-appellant
[G.R. No. 111193 Jan. 28, 1997]

 CIVIL SERVICE COMMISSION and PHILIPPINE

AMUSEMENT AND GAMING CORP. petitioners, vs RAFAEL
M. SALAS respondent [G.R. No. 123708 June 19, 1997]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

ARMANDO REANZARES, accused-appellant [G.R. No.
130656 June 29, 2000]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs SPO1

BERNIE JAMON FAUSTINO, accused-appellant [G.R. No.
129220 Sept. 6, 2000] 11
 LEGAL MATTERS

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

JAIME CARPIO et al., accused-appellants [G.R. No.
132676 Apr. 4, 2001]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

AMADO DANIEL @ “AMADO ATO”, accused-appellant [G.R.
No. L-40330 Nov. 20, 1978]

 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs

MARIANITO INTINO, defendant-appellant [G.R. No. L-
69934 Sept. 26, 1988]

12
 ACCURACY AND RELIABILITY

Psychology Department
University of Utah
Funded by the U.S Treasury Department

Latest Study 98% Accurate

Accuracy
98%
Inconclusive 2% 13
REASONS WHY POLYGRAPH RESULTS IS
NOT ADMISSIBLE IN COURT

 It has not been standardized as to

the instrumentation.

 As to the test procedure.

 As to the qualification of Polygraph

Examiners.

14
COMMON POLYGRAPH MYTHS

Myth 2
“If you are nervous
you will fail the
polygraph test”.

15
COMMON POLYGRAPH MYTHS

Myth 3
“I heard that there will
be trick question in
polygraph examination.”

16
COMMON POLYGRAPH MYTHS

Myth 4
“I’ve heard that
machine can be
beat.”

17
 “BEAT” the Polygraph

Detects Indications Result

Nervousness Pulse Rate Talk, Release Tension

Drugs Pulse vs. Breathing Re-schedule

Mind Control Straight Tracing Repeat Questions

Muscle Control Movements, Jerks Remind Examinee

18
COMMON POLYGRAPH MYTHS

Myth 5
“Does test hurt?
Will I get an
electric shock?”

19
COMMON POLYGRAPH MYTHS

Myth 6 –
“I have a high blood
pressure. Won’t that
look as though I’m
lying?”

20
COMMON POLYGRAPH MYTHS

Myth 7
Drugs and alcohol
affect the results/
accuracy of polygraph
examination.

21
COMMON POLYGRAPH MYTHS

Myth 8
I thought the
examination
would only take
about 10 minutes.

22
23
24
USES OF POLYGRAPH EXAMINATION

 Criminal Investigation
 Pre Employment Examination
 Periodic Screening
 Insurance Investigation
 Sexual
Harassment/Domestic Issues
 Employee Theft /Fraud
 Industrial
Espionage/Pilferage
 Finance
and Banking Investigation
 Sports and Competition
 Promotion
25
 Criminal Investigation

It provides fast means of eliminating

innocent suspects, gives clue about the
identity of criminal suspects, verifies
statement of those who are involved and
save a lot of time and effort during the
process of investigation.

26
 Criminal Investigation

Principal Uses of Polygraph Examination

 It is an aid to the investigator.

 It speeds up the process of

investigation.

 It eliminates innocent subject.

 The investigator can concentrate one

subject to determine truth or
deception.

27
 Reminders
(This mass screening violates the policy in investigation techniques and produces
have not been applied, leads exhausted, and normal investigative functions)

28
Pre-employment Examination

The fastest and easiest way

to verify a candidate
background and instead of
spending time on calling
previous employers and
sending out letter to
universities to verify
education and employment
history it all comes out in the
polygraph test.
29
Periodic Screening Examination

This test is for all size

companies on monthly or bi-
monthly basis were few of the
employees were examined to
verify their loyalty, or honesty
to the company rules, and
regulations, employees never
know when the test is done or
who is going to be tested.

30
 Insurance Investigation

This test will help insurance companies and

large corporations uncover persons claiming
false injuries and who receive disability
compensation.
31
Sexual Harassment/Domestic Issues

A lie detector test may be

helpful in cases of
suspected violence in the
family, molestation, sexual
harassment, and infidelity
within a marriage.

32
Employee Theft/Fraud/ Industrial
Espionage/Pilferage

Several private
investigation agencies
make frequent use of
polygraph test findings
during the course of
private investigations in
a wide range of subjects.
Tests to question an
employee suspected of
theft or embezzlement.
33
Sports and Competition

Occasionally, athletes are issued a

polygraph test to verify that they did not
cheat in a contest. This is more
frequently done with winners, but is not
limited to them. Competitions with high
rewards for winners create the most
incentive to gain unfair advantages,
such as performance enhancing drugs
or illegal equipment. Many competitors
are told that they will be subject to a
polygraph test upon completion of the
event, which deters some from
participating if those individuals know
they will be caught.
34
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 interest
against the company.

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THEORY OF POLYGRAPH
EXAMINATION

“When a mentally
normal person tells
a lie, physiological
changes occur
within his body that
can be recorded by
the polygraph
instrument and
evaluate by the
examiner.”
36
 Cardinal Rule of the Polygraph
Examination
“Always OBJECTIVITY over SUBJECTIVITY”

To obtain the Subject’s ADMISSION or

CONFESSION of the offense committed.

37
 POLYGRAPH
It is an instrument for recording changes of blood pressure,
pulse rate, respiration, and skin resistance as indicative of
emotional disturbances especially of lying when questioned.

38
 4 Major Components of POLYGRAPH

Cardiosphygmograph

Galvanograph =
Galvanic
2024年3 Skin
月24Resistance
日 星期日 (GSR) 39
Kymograph
Electrodermal Activity (EDA)
•
The respiratory system :
•
it will record “thoracic
breathing” and
“abdominal breathing”
through corrugated
rubber tubes.
•
Galvanic Skin response :
•
two small sensors are
connected to the fingers
to record the filling up of
sweat glands.
•
The Cardiac system :
•
it will simultaneously
record blood volume and
pulse rate.
Ideal Examination Room

It must be spacious for

two persons.

 It must be well ventilated.

 It must be well lighted.

 It must not be decorated.

 It must be equipped with

one way mirror
It must be 90%
soundproof 41
 lie
 A LIE is a knowingly
untrue statement made
to someone else. To lie is
to say something one
believe to be false with
the intention that it be
taken for the truth by
someone else.
 A LIE may be defined
as any statement made
with the intent to
deceive. 42
 Types of Lies

White or Benign Lie

the most common of all kind of lie which is intended to protect or maintain har
mony of friendship, at home, in the office or elsewhere.

Black Lie
accompanies pretensions and hypocrisies, intriguing to cause dishonor or disc
redit one’s good image. Ex: the person who always pretends what he thinks of
himself, what kind of person he is, and what he is doing.

Red Lie
involves political interest and motives because this is part of Communist Prop
aganda strategy. This lie is prevalent in communist countries or communist – i
nfested nations. Lies of this kind purport to destroy other ideologies by means
of propaganda – brain-wash and black-mail via espionage and treason.

Malicious or Judicious Lie

very pure unjustified kind of lie. This is intended purely to mislead justice. The
probable results would by all means be PERJURY and pure dishonesty to obs
truct justice. Some liar lawyers and false witnesses fall under this category.
43
 Types of Liars

Is usually defined as someone who lie incessantly,

even in situations where lying is not needed, and
often does so without any awareness of their
behavior.

44
PHASES OF POLYGRAPH
EXAMINATION

•
Initial interview with the
investigator or the
person requesting the
polygraph.
•
Pre-test interview with
examinee
•
Instrumentation and
actual collection of
charts.
•
Post-test interview
45
Phases Of Polygraph Examination

1st. Initial Interview

Requisition of Polygraph
Examination
o
Three (3) copies of Letter Request
Facts of the Case / Investigation Report
o

o
Optional Docs: Sworn Statement /
Affidavit of Complainant
Sworn Statement / Affidavit of
o

Examinees/ Witness/es
Sketch of crime scene, /witness/es, if
o

available.

46
Phases Of Polygraph Examination

2nd. Pre-test Interview with the person to be examined

During the pre-test

interview, the polygraph
examiner will explain how
the polygraph works,
discuss the issue, review all
the questions to be asked
on the polygraph test. This
phase is normally the
longest to complete and will
take anywhere between 45
minutes to 2 hours.

47
 Phases of Polygraph Examination

Purpose of Pre-test Interview

 To prepare the subject for polygraph
examination.

 Informing the subject of his/her involvement

with the case.

 To obtain subject consent for polygraph

examination.
 Taking of subject’s or examinee’s personal data.

 To determine the suitability of the subject or examinee.

 Evaluating the psychological preparation of the subject

or examinee.
48
 3rd. Instrumentation and collection of
charts

During this phase the polygraph will be attached to the subject. Prior to the actual test, the question 49
formulated will be review, and at the actual test, question reviewed to the subject.
Phases Of Polygraph Examination
Analysis/Interpretation of polygraph charts.

Once the Polygraph Examiner has collected the charts he

will analyze the results before giving a decision as to the
subject’s truthfulness or deception.
50
Phases Of Polygraph Examination
4th. Post- test interview

Just after the

instrument is turned
off. If the polygraph
test result indicate
Deception, the
examiner will then
proceed to conduct
short interrogation.

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Rights of Examinee

•
Allowed to bring his/her
own lawyer.
•
No one allowed to be
present in interview room
or test room. They can see
from one side glass.
•
He/she can bring his
person to write consent of
the subject, if illiterate.
•
He/she authorized to know
about the polygraph
instrument before the test.
52
Can someone under 18 years take a polygraph test?

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Preparation of Examinee

•
Examinee should take full rest
before the examination day.
•
Normal food should be
consumed by the examinee.
•
Subject should be physically fit
for test.
•
Examinee should not be under
the influence of any drug or
intoxication on examination day.
•
No prolong interrogation prior
to the test.
•
No third degree practices, no
physical abuse.
54
 The best step for a person to prepare for a polygraph test
are:

Plan your polygraph examination at the beginning of the day when you are
still feeling fresh and alert. Do not schedule a polygraph examination at the end
of the day or when you are feeling tired.

Get a good night sleep. Don’t stay up late watching television or reading.
Be on time in the morning to give you plenty of time to prepared without rushing.

Eat breakfast if your schedule is in the morning. Follow your normal habit.
If you are a coffee drinker, drink coffee. If you take any prescribed medications
or vitamins, take it. Coffee, medications or vitamins will not affect the results of
polygraph test.

Plan for a polygraph examination that will take a about 2-3 hours. This
includes pre-test interview which is the longest phase of polygraph examination
to ensure that you are comfortable during polygraph examination.

Know your legal rights. A polygraph examiner will not ask questions about
religious beliefs, opinions, ethnic or cultural matters, political beliefs or
affiliations, affiliations with activities related to parties and sexual activities. 55
Countermeasures

Those deliberate
techniques which a
deceptive subject uses in
an attempt to appear non-
deceptive when his
physiological responses
are being monitored
during a polygraph
examination.

56
 Types of Countermeasures

 Mental
 It require employment of the mind only, thus are not
readily apparent to the Polygraph Examiners.

 Pharmaceutical
 The use of drugs whether stimulants or depressants
by an examinee is always of concern the Polygraph
Examiners.

 Physical
 The deliberate manipulation or treatment of some part
of the body for the purpose of affecting the
physiological data recorded on the polygraph charts.
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Types of questions

Relevant

Comparison

Irrelevant

58
The Relevant Questions are split up in 4
categories

 Secondary Involvement
 Primary Involvement
 Evidence Connecting
 Guilty Knowledge

4 Legs Of The Crime

• Did you help?
• Did you do it?
• Did you get anything out of it?
• Do you know who did it?

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General Rules In Question Formulation

60
General Rule In Chart Interpretation

o There must be specific

responses.
o It must form a deviation
from a norm.
o The specific responses
must appear simultaneously
in three (3) charts.

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 Errors In Polygraph Test

o Misinterpretation of data on the

charts
o Lack of training and experience of
the polygraph examiners
o Countermeasures from the
examinee
o Equipment malfunction
o Failure to properly prepare the
examinee for the examination
o Poorly worded test questions
o Improper assessment of the
examinee’s emotional and physical
conditions
o Improper use of testing
techniques 62
 CONCLUSION
 Detection of lies is not an easy task, that
does not mean that detecting lies is
impossible.

 There is no technique superior or inferior.

All the techniques will be used for
detection of deception accordingly as per
expert ability and suspect’s behavior.

63
 SUMMARY


Polygraph, Polygraphy And Polygraph
Test

Common Polygraph Myths

4 Major Components of Polygraph

Capabilities limitations of polygraph

Phases of Polygraph Examination

Know the Ideal Examination Room

General Rules in Question Formulation

Errors to prevent in Polygraph Test
ACTIVITY:

Participants will proceed at the crime

laboratory to observe the conduct of
polygraph examination. After which, one
of the participants will undergo the
polygraph examination.
QUESTION?