Final Poly 7. Legal Aspects

A Strong Partner for Sustainable Development
Module
in
FORC 105
LIE DETECTION TECHNIQUES

College of Criminal Justice Education

2
Module No. 7
LEGAL ASPECT
Topic
2nd Semester 2021-2022
Ma. Diana F. Alcoseba

Instructor I
Leo L. Casilagan
Instructor I
WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

3
Table of Contents (Chapter Contents, Page)
Cover Page……………………………………………………….1
Title Page…………………………………………………………2
Table of Contents………………………………………………3
Instruction to the User………………….………………….4
Introduction

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INSTRUCTION TO THE USER
This module would provide you an educational experience while

independently accomplishing the task at your own pace or time. It aims as
well to ensure that learning is unhampered by health and other challenges. It
covers the topic about INVESTIGATION and INTELLIGENCE operations of
selected law enforcement agencies.
Reminders in using this module:
1. Keep this material neat and intact.

2. Answer the pretest first to measure what you know and what to be
learned about the topic discussed in this module.
3. Accomplish the activities and exercises as aids and reinforcement for
better understanding of the lessons.
4. Answer the post-test to evaluate your learning.
5. Do not take pictures in any parts of this module nor post it to social
media platforms.
6. Value this module for your own learning by heartily and honestly
answering and doing the exercises and activities. Time and effort were
spent in the preparation in order that learning will still continue
amidst this Covid-19 pandemic.
7. Observe health protocols: wear mask, sanitize and maintain physical
distancing.
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What Law or Jurisprudence gives the Basis of Admissibility
Polygraph obtained during an examination is generally not admissible as evidence in

court or even if allowed cannot stand alone. However, statements and confessions
obtained through the use of polygraph instrument are admissible provided all other
requirements that the subject is appraise of his applicable right, and the presence of
counsel. In this respect no subject can be compelled to take the test. Expert
testimony on polygraph maybe admitted as evidence subject the discretion of the
trial judge. Although perfection in test results is not a prerequisite to the
admissibility of evidence obtainable by the used of scientific instrument or
techniques, the practice has been grant judicial recognition only after proponents of
the unprecedented evidence have shown that the instrument or techniques has a
reasonable measure of precision in its indication and that is accepted one in
particular profession or field of science to which belong. (Case of PP vs. CAPUNO
3565 SCRA 249 April 04, 2001).
The other means that the Polygraph result can be admissible in court aside from
stipulation and order from the court; during the presentation of the defense they
should establish the fact that the polygraph examiner upon request of the
investigator examined the accused and they would like to offer as evidence the
technical report of the examiner. The court will accept the evidence based on the
presumption that the polygraph report is suppressed evidence since the finding is
against the finding of the investigator.
The first major case dealings with the used of polygraph in criminal cases was tried
in 1923. This case sets a precedent in
polygraph. Frye vs. United States, the courts ruled that polygraph is inadmissible
based on the general acceptance rule of scientific reliability. The Frye case involved a
man accused of murder. Even though Frye claimed that he was innocent a jury found
him guilty. Before his trial Frye was given a polygraph. A researcher by the name of
Marston gave the opinion that Frye was telling the truth. Marston used blood
pressure changes as indicators fro truthful or deceptive responses. After serving
about three years of his prison sentence another man confessed to the murder and
fry was released. (Trosville 2001)
July 1981, brought a legal change involving polygraph. Prior to July 1981, stipulation
between prosecution and defense was a vehicle for the admittance of polygraph.
However, the July 1981 ruling disallowed that stipulation. At present only statement
(confession) is admissible at trial level. Law Enforcement agencies today utilized
polygraph as an aid investigative tool (Kleiner 2001).
Many countries all over the world have utilized polygraph technique as a method of
lie detection. It has been proven that itis a valuable aid in investigation. In some
countries polygraph test results are admitted as evidence in courts. In the United

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States of America almost all courts utilized polygraph and more than one half of
these courts accept it as evidence in criminal prosecution.
Polygraph and expertise testimony thereto can be admissible upon stipulation to

corroborate with other evidence of a defendant’s participation in crime charged or to
corroborate to impeach of his owned testimony under the following Conditions:
a. The counsel of both parties and the subject all have signed written stipulation
providing for his admission to the polygraph and examiner’s opinion thereon in
behalf or either the defendant or the state.
b. That the admissibility of test result is subject to the discretion of the trial judge if
the trial judge is not convinced that the examiner is not qualified of the test was
conducted under improper condition, the judge may refuse to accept such evidences.
c. That if the graph and the examiner’s opinion are offered in evidence; the opposing
party shall have their right to cross examine the examiner respecting the following:
1. The qualification and training of the examiner
2. The condition under which the test is administered
3. At the discretion of the trial judge
4. The limitations and possibilities for error in the technique
That if such evidence as admitted by the examiners. testimony dos not tense to prove
any element of the crime that which the defendant is charge; that the test is only to
indicate that at the time of the examination subject was not telling the truth. It is the
trial judge who will determine the weight and effect of such testimony. (Ansley 1990).
Other Legal Issues on Polygraph examination
In 2007 polygraph testimony was admitted by stipulations in 19 states, and was

subject to the discretion of the trial judge in federal court. The used of polygraph in
court testimony remains controversial although it is used extensively in
postconviction supervision, particularly of sex offenders. In Daubert vs. Merrel Dow
Pharmaceuticals 1993, the old Frye standard was lifted and all forensic evidence
including polygraph had to meet the new Daubert standard in which “underlying
reasoning or methodology is scientifically valid and properly can be applied to the
facts at issue”. While polygraph test is commonly used in the police investigation in
the U.S. no dependant or witness can be force to undergo polygraph test (Raskin,
Barland et, al.2009).

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REFERENCE/S
Adra, M.J. Q., &Tantangco, D. L. (2013). The essentials of

polygraphy.Manila. Wiseman’s Books Trading Inc
Caballero, N. S. & Manwong, R. K. (2012). Polygraphy: The art and science of
lie detection. Quezon City: Wiseman’s Books Trading Inc.
San Diego, G. C., et. al. (2012). Compendium on criminal justice education.
Quezon City: Wiseman’s Books Trading.

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Congratulations for completing this module!
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Mission
WPU commits to develop quality human resource and green
technologies for a dynamic economy and sustainable
development through relevant instruction,
research and extension services.
Vision 2020
WPU: the leading knowledge center for sustainable
development of West Philippines and beyond.
Core Values (3CT)

Culture of Excellence
Commitment
Creativity
Teamwork

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What are the reminders for using this module?

A Strong Partner for Sustainable Development

LIE DETECTION TECHNIQUES

2nd Semester 2021-2022

Ma. Diana F. Alcoseba

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Table of Contents (Chapter Contents, Page)

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

INSTRUCTION TO THE USER

This module would provide you an educational experience while

Reminders in using this module:

1. Keep this material neat and intact.

Hi! I’m Blue Bee, your WPU

Welcome to Western Philippines University!

STAY SAFE AND HEALTHY!

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

What Law or Jurisprudence gives the Basis of Admissibility

Polygraph obtained during an examination is generally not admissible as evidence in

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Polygraph and expertise testimony thereto can be admissible upon stipulation to

1. The qualification and training of the examiner

2. The condition under which the test is administered

3. At the discretion of the trial judge

4. The limitations and possibilities for error in the technique

Other Legal Issues on Polygraph examination

In 2007 polygraph testimony was admitted by stipulations in 19 states, and was

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Adra, M.J. Q., &Tantangco, D. L. (2013). The essentials of

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Congratulations for completing this module!

Privacy Notice for this Module

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

Core Values (3CT)

WPU-QSF-ACAD-82A Rev. 00 (09.15.20)

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