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Study NOTE FOR Polygraphy

Criminology (University of Mindanao)

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POLYGRAPH

EARLY METHODS OF DETECTING DECEPTION

Ordeal, Trial or Judicium Dei is a common method of deciding guilt or innocence and a
practice of referring disputed questions to the judgment of God, determined by various means,
particularly by physical test.
For the first decades of his renewed existence, the Medieval Coroner had to be Present”,
at some curious and barbaric rites connected with the law. These were the various “ordeals” a
Semi-magical method of determining guilt or innocence which goes right back to pre-historic
times through many cultures prior to the coming of the Anglo-Saxons.
In the middle of the 13th century the ordeal had died out in England and on the other
Continents.

HISTORICAL BACKGROUND OF POLYGRAPH

A. Angelo mosso – He studied fear and its influence on the heart. His observation
subsequently formed the basis for detecting technique. He developed the sphygmomanometer

B. Cesare Lombroso – He employed the first scientific instrument to detect deception,

which is known as hydrosphymograph, this instrument measures changes in pulse and blood
pressure when suspects were asked about their involvement in or knowledge of specific
response. He was accorded the distinction of being the first person to utilize an instrument for the
purpose of detecting lies.

C. William Moulton Marston (1915) – He was considered as the father of the modern
polygraphy. He dealt with the sphygmomanometer and made researches on the usefulness of
sphygmomanometer in detecting lies, which was used to obtain periodic discontinuous blood
pressure reading during the course of a test.

D. John Larson (1921) – He developed an instrument that continually and simultaneously

measures blood pressure pulse and respiration. He designed the first two recording channel
polygraph in the history. The first mechanical form of the present-day polygraph consists of two
recording components and that is the cardiosphymograph and the pneumograph.

E. Leonarde Keeler – He made an improvement of Larson’s apparatus and in 1949 he

invented the “Keeler Polygraph” with components for recording blood pressure, pulse and
respiration changes. A galvanometer what is known as the galvanic skin reflex or electrodermal
response generally referred to as the GSR is also added in his instrument.

F. John E. Reid – He designed a special chair equipped with metal bellows for recording
unobserved muscular activities of the arms, thighs and feet, located on the arm of the chair and
on the seat, this transmit singular muscular activity to the recording polygraph.

G. Vittorio Benussi (1914) – He detected deception with a pneumograph, an instrument that

graphically measures the inhalation and exhalation. He demonstrated the changes in breathing
patterns by nothing the changes in respiration – expiration ratio during deception. H. Harold burtt
(1918) – He determined that respiratory changes were indication of deception. He found out that
changes in systolic blood pressure were of greater value in determining deception than in
changes in respiration
I. Luigi Galvani (1971) – He is Italian physiologist who was accorded the distinction for

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developing the galvanic skin reflex (GSR) or the galvanometer, which records electrical bodily
resistance in terms of ohms, the lowest current ever recorded. The GSR reflected emotional
changes by measuring changes in person’s skin resistance to electricity.
J. Sticker (1897) – He made the first suggestion for using galvanograph for detecting
deception based on the works of several predecessors

K. Veraguth (1907) – He was the first one to use the term “psychogalvanic reflex”. He
believed that the electrical phenomenon is due to the activity of sweet glands.

Development of Questioning Technique

A. Leonarde Keeler 91950) – He devoleped the “relevant – irrelevant” test. The theory of
this test is that guilty reacts only to relevant questions and innocent shows no reactions. Keeler is
also credited with introducing the “card test” and specialized in “peak of tension test”

B. John E. Reid (1950) – He developed the “reviewed control question” consisting of a kwon
lie incorporated in to relevant – irrelevant test. The theory of the test is to stimulate the innocent
subject, to identify the general nervous tension and guilt complex reactor and to improve contract
between innocent and guilty subjects. He also discovered the “guilt – complex test” administered
to the overly responsive subject.

C. Cleve Backster (1960) – Backster conceived the psychological sit theory that forms the
basis of his zone of comparison technique that provides constant monitoring of the subjects
reactivity and designed to disclose outside issue. This is known as the “Backster Zone
Comparision Test”.

Early Publications of Polygraph

A. Sir James Mackenzie (1906) – A famous heart specialist. It was said that “polygraph”
exists as early as 1906 but it is not being used to detect deception. He first described the
instrument in an article entitled “The Ink Polygraph” which appeared in the British Medical Journal
in 1908.
B. Vittorio Benussi (1913) – He presented a paper before the second meeting of the Italian
Society for Psychology in Rome, on the subject of his experiments regarding respiratory
symptoms of lying.
C. Richard O. Archer (1953) – The first polygraphist to record simultaneously on regular
basis the chest and abdominal breathing patterns. He was also the first on to record
simultaneously two galvanic skin reflexes.
In 1966 he founded the Jounal of polygraph Science, the oldest of the polygraph publications.

D. Richard I. Golden (1969) – He presented a paper at the Annual Seminar of American

Polygraph Association at Houston, Texas regarding his experiments using existing control
question techniques but requiring the subject to answer each question twice. The first time
truthfully and the second time with lie, for the purpose or requiring additional psyco- physiological
data from the examinee by comparing his subjective truthful answer with known lie to the same
question.

Other Pioneers in the Field of Deception Detection

A. Francis Galton (1879) – He developed the much acclaimed psychological test

known as the word Association Test, whereby the patient is presented with group of
words sufficiently
Separated in time to allow the patient to utter his first thought generated by each word. Dr. Carl
Guztav Jung later developed the work and experiment of Galton.

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B. Allen Bell Jr. and Charles Mc Quiston (1972) – American inventors who developed a
device called Psychological Stress Evaluator (PSE). This instrument detects slight
trembling in the voice, which may be interpreted to determine if person is telling the truth.

C. Anton Mesmer – In 1778 he was the first one to introduce hypnotism as a method of
detecting deception.

D. Dr. Edward Mandel House – A U. S. psychiatrist and diplomat who introduced truth
serum as a method of detecting deception.

THE INSTRUMENT

PARTS AND FUNCTION OF A POLYGRAPH MACHINE AND ITS ATTACHMENT

Polygraphs usually termed, as “lie detector” is an instrument that monitors a person’s

physiological reactions. This instrument does not detect lies. It can only detect whether
deceptive behavior is being displayed.
The instrument is carefully and accurately engineered for recording changes in the
respiration, skin moisture, blood pressure and pulse. The polygraph chart tracing will reveal
attempted deception as shown by physiological changes that are recorded reliably.

Major Parts of the Polygraph Machine

1. PHEUMOGRAPH – The pneumograph records changes of breathing of the subject it

consists of transducers and pneumograph tubes are fastened around the subject’s
abdominal and thoracic part of the body. The penumograph tube contains certain of
volume of air. As the subject inhale and exhale, the tube an accordion like expand and
contract causing changes of pressure within the tube. The changes are drive to the
recording bellows causing a forward and backward movement of the pivot shaft to which
the recording pen is connected.

2. GALVANOGRAPH – Records the skin resistance of the subject to a very small amount of
electricity. The GSR (Galvanic Skin Reflex) comprise of finger or palm electrodes that is
attached on the subject’s finger primarily the index and ring finger or the palm to check
and detect skin resistance towards a small amount of electricity, to operate the
galvanometer supply a current and the mechanical movement of a seven (7) inches
recording pen will take place.
3. CARDIOSPHYMOGRAPH – The cardiosphymograph records the changes of blood
pressure and pulse rate it is consists of arm cuff. The arm cuff is place around the
subject’s arm with the covered rubber bladder part centered at the brachial artery about
an inch above the elbow and must be inflated by a pimp bulb to put air into the system,
which recorded in a sphygmomanometer in millimeters of mercury (generally 60-80 mm).
After inflation, the arm cuff becomes so susceptible to monitor changes of blood pressure
as well as pulse rate and amplitude to be send out to the recording bellow and be
recorded by the cardio pen on the chart.
4. KYMOGRAPH – is sometimes referred as a chart drive module. This is motor that pulls
or drive the chart paper under the recording pen at the same time at the rate of six (6) to
twelve (12) inches per minute. A chart roll is about 100 feet long, 6 inches width with ½
inch margin apart. Paper is imprinted with horizontal line spaced at ½ inch interval. Each
½ inch division across the paper signifies five seconds of time. Pulse rate minute may
then be calculated by multiplying the number of beats counted in one division by 12.
TEST PROCEDURE IN POLYGRAPH EXAMINATION

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THE OF POLYGRAPH

When a mentally normal person tells a lie, physiological changes occur within his/her
body that could be recorded by polygraph machine and evaluated by polygraph examiner.

Purpose of polygraph Examination

To determine truth or deception based on the presence of emotional disturbance of the

subject as appearing on the recorded physiological responses to question relative to the case
under investigation.

Uses of Polygraph

1. It is an investigative aid for the investigator to:

a. Confirm the statements of victims.

b. Ascertain the credibility of witnesses.
c. Assess truthfulness of suspects.

2. It speeds up the process of investigation.

3. It eliminates innocent subjects.
4. The investigator can focus one subject to determine the truth or deception.

Objectives of Polygraph Examination

1. Determine if the subject is telling the truth by verifying statements and or comparing
conflicting statements.
2. Acquire additional investigative leads to the facts of an offense.
3. Locate fruits or tools crime or whereabouts of wanted persons.
4. Identify other person’s involved.
5. Gain valuable information from unwilling subject.

PHASES OF POLYGRAPH EXAMINATION

PHASE I – initial interview with the investigator handling the case

It is essential for the examiner to obtain accurate information concerning all the available
photographs, a crime scene sketch prepared by the investigator is preferred. Unless the examiner
is fully informed about the case, he will not be in the position to conduct a sufficient pretest
interview with the subject. It is during this phase that the relevant, irrelevant, control and
sometimes the guilt complex question are formulated. It is also helpful for the examiner to know
as much about the subject and his background as is available. Such information facilitates the
pre-test interview as well as post test interrogation of a lying subject.

PHASE II – Pre-test Interview

The examiner pre-test interview with the subject prior to the test is considered essential
both for the purpose of conditioning the subject for the examination and also to provoke and
observe indications of guilt or innocence. The examiner should not hold back any information
from the subjects about the instrument its attachment or recording. This will serve to increase a
lying subject concerned over possible detection.
The examiner should be friendly to the subjects but reserve during the pre-test interview.

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No accusatory approach is made in this phase. The subject himself is usually the best source
information about his behavior.
The primary purpose of the pre-test interview is to prepare or condition the subject for
test.

This phase includes:

1. The appraisal of subject’s constitutional right.
2. Obtain subject’s consent to undergo polygraph test by signing statement of
consent.
3. The talking of personal data of the subject.
4. Determine his suitability as a subject.
5. Evaluating the psychological preparation of the subject.
6. Informing the subject of his involvement of the case.

PHASE III – The conduct of Instrumentation or Actual Test

After the pre-test interview the examiner should proceed to place the attachment of
polygraph components on the subject. In practice the first to be attached is the Pneumograph,
followed by Cardiosphymograph and the Galvanograph. Review all the questions being prepared
with the subject before the actual examination is made. The examiner should discourage any
lengthy comments or statement by the subject respecting the matter of incident under
investigation or his disclaimer of responsibility for it.
Test instruction is given to the subject. Any movement of the body will have an effect on
the results on the chart paper. The answer of the subject is limited to YES or NO in order to
Avoid distortion of tracing on the chart.

PHASE IV – Post test interview/Interrogation

This phase includes all consideration that bears on the examination just after the
instrument are turned off. If there are significant fluctuations that show up on the polygraph test
result this may signal that the subject has been deceptive, especially if the person displayed
similar responses to the question that was repeatedly asked, the examiner will then proceed to
conduct short interrogation. The polygraph indicates that the subject is innocent; the examiner will
just release the subject cordially and thanks him/her for his/her cooperation.

Whether you pass or fail a polygraph examination, it will often have very little legal
importance. Often, defense lawyers boast that their client has passed polygraphs. Of course, you
will rarely hear of a defendant taking a polygraph if he or she failed it. In the next section, you will
learn more about the legalities of polygraph exams.

FORMULATION OF TEST QUESTIONS

Questions are formulated from the information given by the investigators, from
declaration of witnesses or the subject himself, from records, interview, and from other
information like those delivered by the media. Test questions must relate to past events of a
factual in nature. Questions in the same exam must be asked in a separate examination Personal
and disturbing questions have no place in a properly conducted polygraph examination. There
are general and specific rules to be followed in the formulation of the test questions. The
questions to be formulated must.
1. Be simple and direct.
2. Not involve legal terminology like murder, rape ect.
3. Be answerable by YES or NO.
4. Be clear and phrased in a language the subject can easily understand.

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5. Not be in the form of an accusation.

6. Never contain an inference that presupposes knowledge on the part of the
subject.
7. Refer to one offense only.
8. Not contain influence to one’s religion, race or belief.

TYPES OF QUESTIONS

During the examination, the examiner raise question that becomes verbal stimulus, the
messages are received by the ear and send out to the brain. Analysis the query, if the query is
not a peril to the well being of the subject, the thought central center rejects it and the body
continues to function normally. However, when the question is imperative to the subject,
physiological chain reaction occur within his body that is recorded by the polygraph instrument
and can be evaluate by the polygraph examiner.

1. Relevant Question – These are direct question having an extreme and specific relationship to
the crime or matter under investigation and these are primary or key question ask by the
examiner in order to solve a specific issue. Relevant Question is classified into two:

a. Strong relevant or Primary or Crucial Question – These questions are intended and
created to test for direct participation only and specifically designed to produce an
emotional response in guilty subject.
b. Weak Relevant or Secondary Question – These are questions concern in several
secondary aspects of the crime or problem and often deal with guilty knowledge and
partial

2. Irrelevant Question - These are questions devised without definite relationship with case
under investigation. They are intended to establish subject’s physiological norm and to lessen the
excitement stage produced by relevant question.
3. Evidence Connecting Questions – This is intended to arouse the guilty subject and focus his
attention on the probability of incriminating proof that would tend to establish his guilt. In
formulating the question, the examiner must know from the investigator whether or not pieces of
evidences were collected from the scene of the crime.

4. Knowledge Question – This question is intended to discover whether the subject possesses
information regarding the identity of the offender, or as to the location of the evidence or other
secondary elements of the facts of the case under investigation.

5. Sacrifice or DYAT Question – This is intended to obtain responses usually produced by the
introduction of the first relevant question in the sequence. These divulge the subject’s norm plus
stimulus and excitement stage.

6. Control Question (Probable Lie) – This is a question intended to generate a response in an

innocent subject and provide the basis for assessing the subject’s perceptual set. Control
Question is classified into two:

a. Primary Control Question is based on known lie. It must concern about actions that
transpired within three (3) to five (5) years time prior to case under investigation occurred.
b. Secondary Control Question is more precise in nature and is based on another
experience of unlawful activity, which will improve the chance for responsiveness. It range covers
up to the current period the question for responsiveness must not be connected to the case under
investigation.

7. Symptomatic Question – These questions are intended to identify and assess the occurrence
of outside issues that might restrain subject’s responses to the relevant question. An outside
factor in a case, which he is concerned, but not the issue under investigation.
8. Sky Question – These are three groups of question place by Backster and they are

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intended to verify the previous charts and detect indirect participation or guilty knowledge. The “S”
stands for “suspect”; the “K” stands for “know”; and the “Y” stands for “you

TEST TECHNIQUES
A. R/I TECHNIQUE
This examination is composed of five (5) tests.

Test I. General Question Test

This test is about the case under investigation. These are sequence of relevant, irrelevant
and control question asked in a designed order. The questions are arranged in order to contrast
the subject’s responses between relevant questions and control questions. The answer to the
questions is restricted to YES or NO only.
The sequence and sample of General Question Test are as follows:
1Q-Irrelevant
1Q-Irrelevant
3Q-Weak Relevant
4Q-Irrelevant
5Q-Strong Relevant
6Q-Control
7Q-Irrelevant
8Q-Evidence Connecting
9Q-Knowledge
10Q-Secondary Control
Test II – Card or Number (stimulation or Verification Test)
Upon finishing of the first test, here is another part of the test; the examiner will show to
the subject seven (7) variously numbered cards, face down. The cards are set in such a way the
examiner will right away know which card has been chosen by the subject. The numbers 7, 11,
and 13 should not be used because other subjects are too superstitious and numbers 6 and 9
should not be included to avoid confusion on the part of the subject. The cards with numbers 15,
8, 5, 3, 4, 14, and 12 are used.
The subject is given an instruction to get a card, look at it and memorize the number of
the card that was chosen and return it without showing it to the examiner or telling the number.
After the selection is finished, the examiner shuffles the cards and will instruct the subject to
answer “no” to each question regarding the cards, even if the number of the card he has chosen
is asked. In short one of the subject’s answers to the questions will be lie.
The verification on test is intended to assure the innocent examinee of the accurateness
of the test and of the test and of the competency of the polygraphist. It further serves to arouse
the guilty examinee.
Test III – Spot Responder Test
This test contains question previously asked questions in General Questions Test (GQT)
with the same number of the same question on the earlier test, the sequence would be:
1Q-Irrelevant
1Q-Irrelevant
3Q-Weak Relevant
2Q-Irrelevant
5Q-Strong Relevant
4Q-Irrelevant
6Q-Control
7Q-Irrelevant
8Q-Evidence Connecting

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9Q-Knowledge
10Q-Secondary Control
Test IV – Mixed Question Test
The test is the same with Test III but questions of GQT is again mixed and the sequences
of the question are as follows:
4Q-Irrelevant
1Q-Irrelevant
9Q-Knowledge
6Q-Control
2Q-Irrelevant
3Q-Weak Relevant
10QSecondary Control
5Q-Strong Relevant
6Q-Control
8Q-Evidence Connecting
10Q-Secondary Control
Test V – Silent Answer Test (SAT)
In this test the subject is instructed by the examiner to avoid from giving any verbal
answer to the questions that are to be asked of him during the test. The subject is instructed to
pay attention to each question and answer the question only to himself, silently. In short, the
subject should “sub vocalize” his answer, in addition he should think of the truthful answer and
give that truthful answer silently to himself.

Two important points was found to be essential in order to achieve the utmost benefits
from the test: First, the subject should understand clearly that on the silent Answer Test (SAT)
he will be asked of the same question just like on the his previous test and is exactly in the order
they were asked before. Secondly, it is significant for the subject to understand that though he is
not to answer verbally any test questions, he should answer all test questions silently in his mind
with truthful answer only.
Purpose of each test:

Test I – The first two (2) irrelevant Questions are designed to condition the subject to
have standard tracing and to establish truth-telling pattern for the primary part of the record.
Test II – To check feasible distortion when the selected number is asked.
Test III – To determine the responsiveness of the subject to critical questions and also
serve as a check on possibility of spot respond.
Test IV – To compare the degree of reaction between Relevant and Control Question.
Test V – To serve as an affirmative check.

SUPPLEMENTARY TEST
In order to have a better conclusion special test may be performed and incorporated as a
part of the standard procedure or May used as supplementary tests depending upon the result of
the standard test.
1. Yes Test – In cases where a distortion arises on the general question test, card or
third test, the “yes” test should be administered before the mixed question test.
[Link] Complex Test – If they respond on the previous test is doubtful, it becomes
essential to conduct additional test. These consist of a test concerning fabricated
incident of a similar nature but one which appears to be real in so far as the subject is
concerned. The purpose of this test is to compare the responses with those that
emerge on the actual test record when question were asked about the issue under
investigation.
B. PEAK OF TENSION TEST

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The test is applicable only in cases where subject has not been informed by investigator
or by other person or other sources like print media of all the vital facts of the offense in question.

The investigator prepares seven (7) questions and one of them has a specific bearing on
the case under investigation. The specific question must refer to several facts of the event that
the subject doesn’t know.
Example: 1Q – introductory Phrase plus padding question
2Q – Padding
2Q – Padding
3Q – Padding
4Q – Relevant Question
5Q – Padding
6Q – Padding
7Q – Padding

C. ZONE COMPARISON TEST

CHART MARKINGS, INTERPRETATION AND PROBING

Marking are made with the use of sign and symbols to facilitate evaluate and
interpretation in charts. An examiner may have the best training, using the advance methods, but
none of these of any value without the proper chart markings. Chart marking plays a vital role in
polygraph technique. Merely one of the two seconds off on chart markings can immediately
generate misinterpretation, as we all know misinterpretations brings the ever-
present potential of tragic consequence.

Chart Interpretation

1. Accuracy of Instrumental Detection of Deception

The accurateness of instrumental deception detection is dependent upon the
examiner’s capability to diagnose truth or deception by reading and interpreting te chart
of the subject. If one can precisely interpret the polygrams produced by the combination
of psycho physiology events, and in turn render a fair and impartial report to interested
parties, no purpose will have been accomplished.

2. Keynotes to Accurate Chart Interpretation

“The keynote to accurate chart interpretation is the question formulation”. If a
relevant question is phrased and delivered properly, to determine its particular purpose, it
will influence subject’s fight or flight mechanism in a manner, which will make chart
interpretation easy.

3. Cardinal Rule in Chart Interpretation

“Any change from normal requires an explanation”. The accountability lies
particularly with the examiner for determining whether a change from normal is
psychological or physiological in nature, whether it results from direct, indirect, implied,
related, careful, sensitive, fearful or distasteful sources; immediately at hand or
extraneous; a result of one or a combination of all these. A smart examiner would want to
be right in his interpretation of chart tracings. He must be right; law objectivity goes out of
the window and subjectively reigns.
There are rules to be followed in the Chart Interpretation
1. There must be a specific response.
2. To be a specific response, the response must from deviation from norm.
3. It must appear in at least two (2) test charts.
4. The best indication of deception is the simultaneous specific responses in the
three (3) tracing of the chart.

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C. Chart Probing

Every after the taking of each chart, probing should be conducted. The examiner shows
the recorded result with brief explanation as to the importance of the recorded reactions. He
points out the difference between reactions accompanying irrelevant question and irrelevant
quests. The examiner informs the subjects that the probing being done is essential, in order to
attain the test objective.

PURPOSE OF CHART PROBING

1. To determine the reason of the recorded responses.

2. To composed an overly stimulated subject,
3. To clarify confusion that might have been caused by the questions asked.
4. To convince a doubtful subjects who may be testing the instrument or the competence of
the examiner.
5. To re-stimulate a subjects who has little response or no response at all.
6. To know the cause or origin of a flat or unemotional chart.
7. To gain additional information –essential to any specific issues.
8. To set the stage for the following chart by correcting the given questions that need
rephrasing.
9. To sustain a kind psychological pressure.
10. To confirm whether or not subject has been truthful in answering the questions asked
during the test.

CAN A PERSON BE COMPELLED TO BE SUBJECTED TO THE LIE DETECTOR TEST?

In as much as the test requires the subject to answer question either by “yes or “no”
it infers the use of intelligence and attention or other mental faculties which is self-incriminatory
therefore, a person cannot be compelled to be subjected to the test.

ERROS IN POLYGRAPH EXAMINATION

1. FALSE POSTIVE occurs if the truthful subject is reported to be deceptive.

2. FALSE NEGATIVE occurs if the deceptive subject is reported to be truthful.

OTHER SCIENTIFIC METHODS IN DETECTING DECEPTION

A. Use of Word Association test:

A list of stimulus and non-stimulus words is read to the subject who is instructed to
answer as quickly as possible. The answers to the questions may be a “yes or “no”. Unlike the lie
detector, the time interval between the words uttered by the examiner and the answer of the
subjects is recorded.

B. Use of Psychological Stress Evaluator (PSE)

The psychological stress evaluator (PSE) detects measures and graphically displays the
voice modulations that we cannot hear.
When a person speaks, there are audible voice frequencies, and superimposed on this
are the inaudible frequency modulations, which are product of minute oscillations of the muscles
of the voice mechanism. Such oscillations of the muscles are micro tremor occur at the rate of 8
to 14 cycles per second and controlled by central nervous system. When a person is under stress
as

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when he is lying, the micro tremor in the voice utterance is moderately or completely suppressed.
The degree of suppression varies inversely to the degree of psychological stress in the speaker.

When a person is relaxed and responding honestly to the question, those inaudible
Frequencies are registered clearly on the instrument. But when a person is under stress, as when
he is lying, these frequencies tend to disappear.

A. Administration of Truth Serum

The term “truth serum” is not a misnomer. The procedure does not make someone tell
the truth and the thing administered is not a serum but is actually a drug.
The drug acts as depressant on the nervous system. Clinical evidence indicates that
various segment of the brain particularly the cortex and the diencephalons are selectively
depressed in the reversed order of their evolutionary development.
Statements taken from the subject while under the influence of truth serum evolutionarily
obtained hence, they are not admissible as evidence. Because of the potential risk involved in the
application of the procedure, it is seldom used by law enforcement agencies.

B. Narcoanalysis or Narcosynthsis

This method of detecting deception is practically the same as that of administration of

truth serum. The only difference is the drug used. Psychiatric Sodium amytal or sodium penthotal
is administered to the subject. When the effects appear, questioning starts. It is claimed that the
drug causes depression of the inhibitory mechanism of the brain and the subject talks freely.

C. Intoxication with Alcohol

The ability of alcohol to reveal the person behind the mask which of all of us are said to
wear (mask of sanity is reflected in the age-old maxim “In vino veritas” (in wine there is
truth).

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
have disappeared. But in most instances, the subject cannot recall everything that he had
mentioned or he may refuse to admit the truth of the statement given.

HYPNOSIS, SCIENTIFIC INTERROGATION AND CONFESSION

Hypnosis
Hypnosis is the alteration of consciousness and concentration in which the subject
Manifest a heightened suggestibility while awareness is maintained.
Confession while under hypnotic spell is not admissible as evidence because such
“psychiatric treatment” is involuntary and mentally coercive.
Although hypnosis may not yield admissible as evidence it of some use during
Investigation as a discovery procedure.

Scientific Interrogation

Interrogation is the questioning of a person suspected of having committed an offense or

of person who are reluctant to make a full disclosure or information in his possession that is
pertinent to the investigation. It maybe done on a suspect or witness.

Interrogation refers to the elicitation of information from an individual who refuses to

provide information

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Goals of Interrogation
1. The learn truth of the crime;
2. To obtain an admission of guilt from the suspect;
1. To obtain all facts to determine the method of operation and the circumstances of the
crime in question
2. To gather information that enables investigators to arrive at logical conclusion.
Three (3) Defense Mechanism (RPM’s)
1. Rationalization – Rationalize subject’s action
2. Rejection – Project the blame unto the others
3. Minimization – minimize the crime
Confession
Confession is an expressed acknowledgement by the accused in a criminal case of the
truth of his guilt as to the crime charges, or of some essential thereof.
Confession is different from admission, although admission includes, as one of its
species, confession. 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 – this is a confession made outside of the court prior to the trial of the
case.
Sec. 3, Rule 133, Rules of Court – Extra-judicial confession, not sufficient ground for
conviction: An extra-judicial confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti (body of the crime).
The reason of the above rule is to guard against conviction based upon false confession
of guilt. It is possible that a person might have confessed his guilt regarding an offense, which
someone has committed and when asked of his victim of the nature of the injuries inflicted by
him, it does not coincide with the identity or nature of the injuries, received by the victim.

Kinds of Extra-judicial Confession

1. Voluntary Extra-judicial Confession – The confession is voluntary when

the accused speaks of 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.
2. Involuntary Extra-judicial Confession – Confessions obtained trough
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, cannot be used against him at the trail.
A confession made under the influence of spiritual advice or exhortation
is not admissible.
A confession made under the influence of paternal sentiment is not
admissible.
3. Judicial Confession – This is a 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.
Sec. 2, Rule 129, Rule of Court – Judicial Admission: Admissions made by the
parties in the pleadings, or in the course of the trial or other proceedings do not require proof and
cannot be contradicted unless previously shown to have been made trough palpable mistake.

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