ASSIGNMENT

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MAGPATOC, PRINCESS F.

What is Deception Detection? Are they admissible as evidence? Why or


why not.

Deception detection refers to the investigative practices for the purpose of


determining a person’s truthfulness and credibility. It involves methods of
deception detection which are currently being used or applied by law
enforcement agencies such as polygraphs, hypnotism, and also drugs.

However, it has been found that polygraphs are not really reliable in detecting
truths, nor a person’s ability to detect lies is no more accurate than chance
that’s why such methods of deception detection have not yet attained legal
recognition to have their results admissible as an evidence in court.

What are the different Method of deception detection.

1. Devices which record the psycho-physiological response such as polygraph


or a lie detector machine, word association test, and psychological stress
evaluator;
2. Use of drugs that try to "inhibit the inhibitor" such as administration of "truth
serum'', narcoanalysis or narcosynthesis, and intoxication;
3. Hypnotism;
4. By observation;
5. Scientific interrogation;
6. Confession;

Briefly discuss the process in conducting a lie detector or polygraph


test.

There are 3 phases of examination in conducting a lie detector or polygraph


test:

first, the pre-test interview where the examiner must first make an informal
interview of the subject for the purpose of determining whether or not the
subject is suffering from any psychiatric condition or has taken drugs that
MAGPATOC, PRINCESS F. 2

would render the test inefficacious. Next phase is the actual interrogation and
recording where the examiner will give relevant, irrelevant and control
questions. Lastly, post-test interrogation the purpose of which is for the
examiner to make clarificatory questions and obtain additional information.
When necessary, the examiner may also conduct a supplementary test
depending upon the result of the standard test in order to draw a better
conclusion

What is Peak-of-tension test

Is a test performed by an examiner to a subject who is not yet informed of the


details of the offense for which he is being interrogated. The examiner will ask
several irrelevant questions making the unknowing guilty subject relaxed until
the latter is asked that one relevant question relating to the incident making
him develop a ''peak of tension'' which will be recorded in the tracing.

What is Guilt complex test

Is a test performed by an examiner when he cannot determine whether the


subject is being truthful or not because the latter’s response to both relevant
and irrelevant questions are similar in degree.

The examiner will then ask the subject new series of questions relating to 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 as to the primary issue under investigation.
However, no conclusion can be drawn if the response to the added guilt
complex question is similar to the real issue questions.
MAGPATOC, PRINCESS F. 3

What is Silent answer test

Is a test performed by an examiner where he will ask relevent, irrelevant and


contrtol question but this time the subject is instructed to answer the questions
in a silent manner, to himself, without making any verbal response. This test is
effective when the subject's verbal response causes distortion in the tracing
such as sniff or clearing of the throat.

Are the results of Polygraph examination admissible as court evidence?


Why or why not.

The polygraph examination is not admissible as eveidence in court because it


is still in the experimental stage and have not received the degree of
standardization of acceptance among scientists. This method will also be
needing an examiner who is highly qualified to ensure its accuracy.
Furthermore, it may be violative of the right against self-incrimination. And
lastly, the test itself cannot be relied upon because it has many errors.

What is a Word association test

Is a test where stimulus and non-stimulus words are read to the subject who
is instructed to answer as quickly as possible. The answers to the questions
may be a "yes" or a "no". When the subject is asked questions with reference
to things which has no relation to the matter of the investigation, the tendency
is to answer quickly as opposed to questions with words which have to do
with the criminal act the subject allegedly committed the tendency is to delay
the answer. The test is not concerned, with the answer but rather with the
time of response in relation to stimulus or non-stimulus words.

How does e Psychological Stress Evaluator (PSE) detect deception?

The psychological stress evaluator (PSE) detects, measures, and graphically


displays the voice modulations that we cannot hear. It can detect if the person
is relaxed in responding to the questions which is indicative of honesty. On
MAGPATOC, PRINCESS F. 4

the other hand, where the subject is under stress, he is deemed to have been
lying.

Are facts/results obtained from the administration of truth serum


admissible as evidence?

Because of the potential risks involved in the application of the procedure,


statements taken from the subject while under the influence of truth serum are
evolutionarily obtained hence they are not admissible as evidence.

How about those obtained from the use of hypnosis?

Statements taken from the subject while under the state of hypnosis are
likewise inadmissible as evidence in court because it lacks the general
scientific acceptance of the reliability of hypnosis per se in ascertaining the
truth from falsity; the possibility that the hypnotized subject will deliberately
fabricate; the possibility of distortion of the fact rather than the truth; and the
fact that the state of the mind, skill and professionalism of the examiner are
too subjective to permit admissibility of the expert testimony.

Give at least 5 Physiological and Psychological Signs and Symptoms of


Guilt.

1. Sweating or embarrassment/extreme nervousness;


2. Color change where the face turns red indicative of embarassment and/or
anger;
3. Dryness of the mouth caused by nervous tension resulting to reflex
inhibition of salivary secretion and consequently dryness of the mouth;
4. Excessive activity of the Adam's apple on account of the dryness of the
throat aside from the mouth, the subject will swallow saliva from the mouth
and this causes the frequent upward and downward movement of the Adam's
apple. This is observed in many guilty subjects.
5. Fidgeting is when the subject is constantly moving about in the chair, or
making unnecessary movements.
MAGPATOC, PRINCESS F. 5

Statements obtained from interrogation may be admissible as evidence.


What are the requisites for its admissibility?

In order for statements obtained from interrogation may be admissible as


evidence it should be done in accordance with the rules setforth in the
constitution particularly in “Miranda Rights:

If a person is to be interrogated, he must first be warned and advised that:


a. He has the right to remain silent;
b. Anything he says can be used against him in court of law;
c. He has the right to consult with an attorney and to have the attorney
present during the questioning; and
d. If he cannot afford an attorney, one will be appointed for him prior to any
questioning if he so desires.

After such warning and in order to secure a waiver, the following questions
should be asked. An affirmative answer to each question constitutes a waiver
to the rights:
a. Do you understand each of these rights I have explained to
you?
b. Having these rights in mind, do you wish to talk to us now?

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