Accuracy and reliability of polygraph results Unobserved application of muscular pressure which
Is the polygraph technique accurate? produces ambiguities and misleading indication in
Current polygraph research indicates that when a the blood pressure tracing.
specific single issue when polygraph exam is conducted
by a qualified and competent polygraph examiner and 2 types of Reliability
is properly administered, the accuracy rate is between 1. Interrater reliability – denotes agreement among
95% and 98%. This percentage is still higher than other examiners.
forms of evidence. (Manwong 2017) 2. Intrarater agreement (test-retest reliability) –
agreement of an examiner with his own decisions when
What are the factors that affect the accuracy of the evaluating the charts on different occasions.
polygraph results?
Generally, the following are factors affecting polygraph Ideal Polygraph Examination Room
examination accuracy: Must be spacious for 2 persons.
The instrument Well lighted
The condition of the subject Must not be decorated
The condition of the examination room 90% sound proof
The qualification and skills of the examiner Must be well ventilated
(competence of the examiner)
Main objectives of polygraph examination
Specifically, the 15 percent of errors of lie detection test Ascertain if a person is telling the truth by verifying
come from the following circumstances: statement or comparing conflicting statements.
Nervousness or extreme emotional tension Obtain additional investigative lead to the facts of
experienced by the subject an offense.
Physiological abnormalities Locate fruits or tools of the crime or whereabouts of
Mental abnormalities wanted persons.
Unresponsiveness in a lying or guilty subject Eliminate innocent suspects, which is the most
Attempt to beat the machine by controlled important. (Main objective of polygraph)
breathing or by muscular flexing.
Limitations of Polygraph But in the Philippines polygraph results are not
An invaluable aid to investigation but not a admissible as evidence due to lack of consensus in the
substitute for investigation. scientific community regarding the reliability of
Not a lie detector per se, it is a scientific diagnostic Polygraphy. Many polygraph examiners and lawyers
instrument. have attempted presenting polygraph evidence in court
Does not determine facts, it records responses to but all resulted to an exercise of futility.
what the subject knows to be true.
There are other physiological responses that CASES WHERE POLYGRAPH WERE OFFERED AS
produces similar changes in the body with EVIDENCE IN THE PHILIPPINES
deception such as pain. 1978 people vs Daniel Amado. The supreme
It is only as accurate as the examiner is competent. court ruled that “THE EFFICACY OF THE POLYGRAPH
the test will not be given until enough facts have DEPENDS UPON THE TIME AND PLACE AND THE
been established to permit the examiner to prepare CIRCUMSTANCES WHEN TAKEN AND THE NATURE OF
a complete set of suitable questions. THE SUBJECT” November 20, 1978 En banc.
The test will not be given to any without the 1999 in people vs Adoviso. “The theory behind a
voluntary consent of the subject. polygraph or lie detector test is that a person who lies
No indication will be given to any person or placed deliberately will have a rising blood pressure and a
in any report that the person will be considered subconscious block in breathing, which will be recorded
guilty because he refused to take the test. on the graph. However, American courts almost
The test will not be given until accusations have uniformly reject the results of polygraph tests when
been explained with the subject. offered in evidence for the purpose of establishing the
No attempt to use polygraph for mental or physical guilt or innocence of one accused of a crime, whether
evaluation of any person. the accused or the prosecution seeks its introduction,
No examination will be conducted on unfit subject. for the reason that polygraph has not as yet attained
scientific acceptance as a reliable and accurate means
Polygraph as evidence in court of ascertaining truth or deception. The rule is no
Polygraph results are admissible as evidence in other different in this jurisdiction. Thus, in People v.
countries. Daniel, stating that much faith and credit should not be
vested upon a lie detector test as it is not conclusive.
Appellant, in this case, has not advanced any reason Types of Polygraph Questions
why this rule should not apply to him.” 1. IRRELEVANT QUESTIONS – has no bearing to the case
2000 In people vs Carpo “The Court does not put under investigation, used to determine the normal
credit and faith on the result of a lie detector test response of the subject. Usually answerable by YES.
inasmuch as it has not been accepted by the scientific Sometimes called a “Padding question”
community as an accurate means of ascertaining truth It has no connection to the matter of investigation
or deception.” No threat to the subject
Usually about the subjects background
The Court denies polygraph evidence as it is unreliable Generally used at the beginning of the test to
and inconclusive in determining the truth. However it is establish the “standard” or “normal response” of
an invaluable aid in criminal investigation. the subject.
Formulation of Polygraph Questions Purposes of irrelevant questions:
Simple and direct Establish professional authority in the room that
Must not involve legal terminologies. means, the examiner asks questions and the subject
Be as simple and as short as possible. answers.
Answerable by yes or no It allows the examiner to assess the subject’s
Must not be in a form of accusation. normal behavior for heightened emotional situation.
Meaning bust be clear and they must be phrased in Allows the examiner to identify something he has in
a language that the subject can easily understand. common with the subject, to establish rapport.
Must never contain inference which presupposes It minimizes resistance.
knowledge on the part of the subject.
Must refer to the offense only. 2. RELEVANT QUESTIONS – questions pertaining to the
Must refer to one element of the offense. issue under investigation. It must be short and direct, it
Must not contain inference to one’s religion, race or is formulated so that the innocent can answer truthfully,
belief. while the guilty are forced to lie.
Designed to elicit a specific response from the the offender or the facts of the case under
subject. investigation.
In the formulation of relevant questions avoid Example: Did you know who stole Mr. A’s Wallet?
charged words such as “kill, rape, murder etc.” 4. Evidence connecting question – the subject is asked
Avoid using intimidating legal words like bribe, rob about a particular piece of physical evidence that would
and extort. incriminate a guilty person. It could be items left at a
crime scene by the perpetrator or stolen property.
Strong relevant – has intense and specific Designed to obtain link between subject and the crime.
relationship to the crime or problem being Example: Do you know where the missing wallet
considered. Intended to produce strong is now?
emotional response in guilty subject. Addresses 5. Sacrifice or DYAT questions – intended to obtain
primary issue or direct involvement of the responses usually produced by the introduction of the
subject on the matter under question. Used with first relevant question in the sequence. These divulge
the single-issue examination. the subject’s norm plus excitement stage (do you
Example: Were you involved in the bank robbery intend to answer truthfully)
last Saturday? Example: Regarding the (matter of the
Secondary or weak relevant – questions that investigation), are you willing to answer the questions
concern some secondary elements of the crime truthfully?
and deal mostly on guilty knowledge and partial 6. SYMPTOMATIC QUESTION – is designed to ensure that
involvement. It also deals with the physical acts the examiner will not ask un-reviewed questions or that
that support the primary issue. This is usually the examinee is not afraid that the examiner will not
used in multi-issue examination and it indirectly ask un-reviewed questions. Designed to detect and
proves the guilt of the subject evaluate the presence of outside issues which may
Example: Were you there in the house of Mr. A suppress response to relevant questions.
when the crime happened? Examples:
Do you believe me when I promised you not to ask a
3. Guilty knowledge – Designed to probe whether the question in this test I have not gone word for word?
subject possesses information regarding the identity of
Even though I promised I would not, are you afraid that investigator to believe he was guilty of the relevant act.
I will ask a question in this test I have not gone over (Ex: in your entire life did you _____?)
word for word? EXCLUSIVE – Made by Cleve Backster, he believes that
7. SKY questions – commonly employed in Backster the comparison questions should be separated in the
zone technique. time from the relevant questions. (Ex: During your first
S – Subject/suspect year on your job, did you ever ______?)
K – Knowledge
Y – refers to “You” as a subject
8. CONTROL QUESTIONS – Has a similar nature with that
of a relevant question but broad in scope. Also known
as Comparison Question.
designed to produce a response in the innocent
subject, often used to determine whether certain
criminal suspects should be prosecuted or classified
as uninvolved in the crime. questions relating to
prior misdeeds.
Used for comparative purposes with the relevant
question.
Questions that are either relevant or irrelevant
designed to establish a response.
Types of Comparison/control question:
INCLUSIVE – includes relevant time period under
investigation. Made as broad as possible to ensure that
a suspect experience the maximum threat forcing him
to lie to a question which he felt might lead the