Trial by polygraph: Scientific and juridical issues in lie detection

The present article examines two methods of polygraph-assisted lie detection: the Control Question Technique (CQT) and the Guilty Knowledge Technique (GKT). It presents the rationale for both, arguing that only the latter is well grounded in psychological theory. It then surveys the empirical support for claims of the polygraph's ability to detect deception, arguing that such support often comes from studies that are methodologically flawed by contamination of various sorts—especially studies of the CQT. The article then explores the legal implications of introducing polygraph test results, as presently gathered, into the criminal courtroom.     

Science and the CQT polygraph

Despite substantial contrary scientific evidence, polygraph tests to detect deception continue to be employed in the United States. It is argued that polygraph tests (in particular, the Control Question Technique) lack construct validity. Polygraph tests do not assess deceptiveness, but rather are situations designed to elicit and assess fear. Correct decisions may be obtained when subjects fear detection; however, because there is no way to determine the cause of a subject’s fear or anxiety, validation is impossible. The paper also considers other physiological detection paradigms and concludes that because of the nature of honesty their use to detect deception is unlikely.     

Science and the CQT polygraph. A theoretical critique

Despite substantial contrary scientific evidence, polygraph tests to detect deception continue to be employed in the United States. It is argued that polygraph tests (in particular, the Control Question Technique) lack construct validity. Polygraph tests do not assess deceptiveness, but rather are situations designed to elicit and assess fear. Correct decisions may be obtained when subjects fear detection; however, because there is no way to determine the cause of a subject's fear or anxiety, validation is impossible. The paper also considers other physiological detection paradigms and concludes that because of the nature of honesty their use to detect deception is unlikely.     

The effects of prior expectations and outcome knowledge on polygraph examiners' decisions

The present study deals with the question of whether judgments made by experts working in familiar contexts are affected by prior expectations and beliefs. Two experiments in which prior expectations were manipulated were designed to determine whether and to what extent polygraph examiners are affected by their prior expectations when analyzing and interpreting polygraph charts. Prior expectations affected the examiners' judgments when the polygraph charts did not include clear indications of guilt or innocence, but when the objective physiological evidence included strong indications which clearly contradicted the examiner's expectations, judgments were not affected by these expectations. Theoretical and practical implications of these results are discussed.     

The Right to Trial by Jury

abstract Recently, the right to trial by jury has attracted a number of vociferous critics with deep reservations about the use of juries, most of whom are in favour of greatly restricting the use of juries with a minority desiring complete abolition. This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are costly and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gainor lose when we propose jury reforms.     

Memory instructions, vocalization, mock crimes, and concealed information tests with a polygraph

Accuracy rates with polygraphs using concealed information tests (CITs) depend on memory for crime details. Some participants read instructions on murdering a dummy victim that specified exact crime details asked on the subsequent CIT. Others read instructions not stating details, but still requiring interaction with the exact same details for the crime. For example, the murder weapon was under four heavy boxes. Instructions stated either "... remove the 4 boxes ..." or "... remove the boxes ..." Thus, each group removed four boxes, but only one group was primed with the number "4" beforehand. In addition, the victim unexpectedly shouted at some participants during the crime. An innocent group was not exposed to either manipulation. Memory, detection scores, and detection rates were lower for guilty participants not primed with details. Sound affected detection scores but not memory, and there was no interaction between the two factors. Information tests are limited by how crime information is received.     

Comparison of polygraph data obtained from individuals involved in mock crimes and actual criminal investigations

In a preliminary attempt to determine the generalizability of data from laboratory mock-crime studies, the authors examined the similarities and differences among the cardiovascular, electrodermal, and respiration responses of deceptive and nondeceptive individuals elicited to crime-relevant and crime-irrelevant questions. Participants in the laboratory group were randomly assigned to nondeceptive (n = 28) or deceptive (n = 27) treatment groups, and a mock-crime scenario was used. The field participants were confirmed nondeceptive (n = 28) or deceptive (n = 39) criminal suspects who underwent polygraph examinations between 1993 and 1997. The results indicated that there were salient differences between field and similarly obtained laboratory polygraph response measures. However, accuracy of laboratory participants' classifications using logistic regression analysis was not significantly different from field participants' classification accuracy.     

Theodicy on Trial

Philosophia - Moral anti-theodicists have posed a consequentialist argument against the theodical enterprise: that theodicies lead to harmful consequences in reality and that this should be...     

Alice-in-Wonderland terminological usage in, and communicational concerns about, that peculiarly American flight of technological fancy. The CQT polygraph

Alice-in-Wonderland (AW) terminological usage employs basic terms in a systematically misleading and taxonomically anarchic way. The so-called "control" question "test" (CQT) polygraph procedure, which enjoys a controversial but nevertheless scientific status in North America, involves such AW terminological usage. The basic concepts of "test," "control," and "quantification" are loosely employed. There is loose talk about the "detection of deception," which generates the paradox that in the CQT it is in the innocent that deception should be detected. Moreover, deception is not really assessed either in the CQT or in the more scientically-based Guilty Knowledge Test (GKT). Finally, there is loose practice in evaluating the CQT, which should not be primarily assessed in terms of its overall accuracy, but in terms of its specific effects in improving accuracy through the provision of physiological information to the examiner. Such as assessment has not been carried out even in laboratory analogues of polygraphy. The treatment of the CQT exemplifies most psychophysiologists' reluctance to treat basic definitional issues seriously, and also means that opponents of the CQT are unable to communicate clearly about it with non-psychophysiologist professionals and with the lay community.     

Rights Theories and Public Trial

Most rights claims are capable of being analysed in terms of both the competing theories of rights, the will theory and the interest theory. Discussion hitherto has concentrated on particular instances of rights claims which are easily accommodated by the one theory but accommodated only with difficulty (if at all) by the other. Such problematic examples have served to illuminate what is at stake between the rival theories. However, in the case of the right to a public trial, I argue that neither theory is capable of accommodating that particular 'right'.     

The Trial of Albert Camus

The fiftieth anniversary of Camus’ death in 2010 was largely ignored in his native Algeria, reflecting the critical response to Camus’ writings that regards him as a colonialist writer and apologist for the French domination of his native Algeria. This critique also claims that Camus’ colonial attitudes are hidden and reinforced by a European attitude that sees him as dealing first and foremost with universal questions about the human predicament and existential isolation. However, Camus’ journalism shows an Algerian closely identified with the destiny of all the peoples of Algeria, and his novel The Outsider contains sufficient indications that, whatever its existential importance, in the concrete situation of Camus’ Algeria the Arab has the precise status of outsider.     

Attributions for dietary failures: problems reported by participants in the Hypertension Prevention Trial

Assigned participants in the Hypertension Prevention Trial to one of four diets for a period of 3 years: (a) weight loss, (b) reduced sodium, (c) weight loss plus reduced sodium, and (d) reduced sodium plus increased potassium. At 6-month intervals, they reported problems they were having adhering to their diets. Problem attributions were coded along the dimensions of internality, stability, and controllability and were categorized as intrapersonal or extrapersonal. Attributions were found to differ by type of diet and sex of participant. Participants assigned to weight-loss groups were significantly more likely than those assigned to non-weight-loss groups to blame themselves for their problems with adherence, making characterological as opposed to external or situational attributions. Men perceived problems to be more controllable than women. Attributions did not predict weight loss, change in urinary sodium, or change in potassium excretion.     

Enhancing Juror Competence in a Complex Trial

This study examined the effects of providing substantive, case-related, judicial instructions before presentation of evidence and permitting jurors to take notes, on verdicts and cognitive performance in a complex civil trial. Jurors made compensatory awards when the evidence either strongly or modestly favored the plaintiffs. One hundred and twenty jury-eligible participants saw a videotape of a cognitively dense trial involving multiple plaintiffs. Notetakers, while showing superior cognitive performance over non-notetakers, were more effective decision makers when pre-instructed and facing less ambiguous evidence. Results indicated that notetaking when jurors are pre-instructed enhanced recall of probative evidence and resulted in fewer non-probabitive intrusions, which facilitated decision making on legally appropriate grounds. © 1997 John Wiley & Sons, Ltd.     

Non-pharmacologic Interventions for CFS: A Randomized Trial

Non-pharmacological behavioral treatments for CFS have been suggested as promising. These trials have tested protocols composed of behavioral, cognitive and cognitive–behavioral interventions but there have been few efforts to differentially evaluate their outcomes. The primary purpose of the current study was to evaluate the effectiveness of nurse delivered non-pharmacologic interventions. In the present study, 114 participants diagnosed with CFS were randomly assigned to four 6-month interventions. The interventions were: cognitive–behavior therapy, cognitive therapy, anaerobic activity, and a relaxation control group. The study found that these interventions led to increases in several areas of functioning, with more consistent changes occurring among those participants in the cognitive condition. For the 25 variables in this study, significant change occurred for 28%, 20%, 16%, and 12% of the variables for the cognitive, cognitive behavior therapy, anaerobic activity, and relaxation conditions, respectively. However, the majority of participants continued to be diagnosed with CFS following the treatment trial. Implications of these findings are discussed.