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.     

Detecting concealed information with reaction times: Validity and comparison with the polygraph

The Concealed Information Test is used to assess recognition of information that the examinee cannot or does not want to reveal. Physiological measures recorded with the polygraph have shown to be highly valid measures of concealed information. Research suggests that a reaction‐time (RT) based test may also successfully reveal concealed information. Due to its simplicity, an RT‐based test has great advantages for applied testing. In the present study, we assessed the validity of the RT‐based test for concealed information detection, and compared its discriminative power with the polygraph. Thirty two participants in a feigned amnesia study were promised a financial reward when successfully concealing autobiographical information. Participants performed an RT‐based test, and a polygraph test. The data support the validity of the RT‐based test for concealed information detection, and indicate its discriminative power is similar to the polygraph. Our data confirm the potential of the RT‐based test. Copyright © 2009 John Wiley & Sons, Ltd.     

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.     

Examining different types of comparison questions in a field study of CQT polygraph technique: Theoretical and practical implications

Two types of questions are most important in the CQT polygraph examination, relevant questions that deal directly with the case under query and comparison questions, which usually deal with past probable misdeeds of the examinees that they choose to deny. The simplistic core reasoning behind the CQT is that the risk of being detected for lying is a threatening situation and like any kind of threat, it automatically triggers the autonomic nervous system to respond with the “fight or flight” type of reaction. For the deceptive examinee, the relevant questions pose the main threat, whereas the truthful examinee, knowing that he is telling the truth on the relevant issue while probably lying to the comparison questions, perceives the latter as more threatening, considering his goal to appear truthful on the test. Accordingly, the deceptive examinee reactions are focused on the relevant questions, whereas the truthful focuses them on the comparison ones. Results of the current field study suggest that at least with truthful examinees, comparison questions, which do not incorporate any lies to be afraid of their exposure, or any lies at all, might function similarly to probable lie questions, by just increasing their salience in a manner that presumably creates some concerns about them. Theoretical and practical implications are discussed in line with the RIG strength notion (Ginton, 2009 ).     

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.     

Randomized Controlled Trial of a Family Intervention for Children Bullied by Peers

This study examined the effects of a family intervention on victimization and emotional distress of children bullied by peers. The intervention, Resilience Triple P, combined facilitative parenting and teaching children social and emotional skills relevant to developing strong peer relationships and addressing problems with peers. Facilitative parenting is parenting that supports the development of children’s peer relationship skills. A randomized controlled trial was conducted with 111 families who reported chronic bullying of children aged 6 to 12 years. Families were randomly allocated to either an immediate start to Resilience Triple P (RTP) or an assessment control (AC) condition. Assessments involving children, parents, teachers, and observational measures were conducted at 0 (pre), 3 (post) and 9 months follow-up. RTP families had significantly greater improvements than AC families on measures of victimization, child distress, child peer and family relationships, including teacher reports of overt victimization (d = 0.56), child internalizing feelings (d = 0.59), depressive symptoms (d = 0.56), child overt aggression towards peers (d = 0.51), acceptance by same sex and opposite sex peers (d = 0.46/ 0.60), and child liking school (d = 0.65). Families in both conditions showed significant improvements on most variables over time including child reports of bullying in the last week reducing to a near zero and indistinguishable from the normative sample. The intervention combining facilitative parenting and social and emotional skills training for children produced better results than the comparison assessment control condition. This study demonstrated that family interventions can reduce victimization and distress and strengthen school efforts to address bullying.     

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.