Forensic 5 PDF

FORENSIC 5 PRE- SCIENTIFIC METHODS OF DETECTING DECEPTION DR. HANS GROSS (19TH CENTURY) - known as the Father of Criminalistics. 1. TRIAL BY COMBAT - once said "T...

FORENSIC 5 PRE- SCIENTIFIC METHODS OF DETECTING DECEPTION DR. HANS GROSS (19TH CENTURY) - known as the Father of Criminalistics. 1. TRIAL BY COMBAT - once said "That search for truth is the basis and - the aggrieved party claimed the right to fight the goal of all criminal investigation". alleged offender or to pay a champion to fight for - This theory of Gross was cited also by Hogan stated him. that "Investigation is a battle of lies against lies. - the victor is said to win not by his own strength but because of supernatural powers that had POLYGRAPHY intervened on the side of the right, as in the duel in - the term polygraphy was derived from the Greek the european ages in which the "judgment of god words: was thought to determine the winner". - "poly" - which means consisting or more than one - if still alive after the combat, the loser might be or simply many hanged or burned for a criminal offense or have a - "graphein"/ "graphos" - which means to write. hand cut off and property confiscated in civil - it means that the original Greek meaning for actions. polygraph is many writings. - a scientific diagnostic instrument used to record 2. TRIAL BY ORDEAL physiological changes in the blood pressure, pulse - a judicial practice by which the guilt or innocence of rate, respiration and skin resistance of an examinee the accused is determined by subjecting them to a under controlled condition. painful task. - if either the task is completed without injury, or the injuries sustained are healed quickly, the accused is considered innocent. TWO TYPES OF POLYGRAPH INSTRUMENT - in medieval europe, like trial by combat, it was 1. CONVENTIONAL/ ANALOG considered as judicium dei. - the old and traditional type of instrument being used in polygraphy today. JUDICIUM DEI - judgement of God. 2. COMPUTERIZED POLYGRAPH - a procedure based on the premise that God would - a sophisticated state of the art computer- aided help the innocent by performing a miracle on their polygraph instrument. behalf. ORDEAL CHAPTER 1: LIE DETECTION; HISTORY - the word "ordeal" was derived from the Medieval Latin word "Del indicum". LIE DETECTION - the system or practice of determining whether or not DEL INDICUM somebody is telling the truth during questioning. - means "a miraculous decision". - also known as Deception Detection. a. RED HOT IRON ORDEAL EARLY METHODS OF LIE DETECTION - practiced in the hill tribe of rajhmal in north bengal. - the accused had to carry a bar of redhot iron in his - the issue of lie detection is as old as man himself. hands while he walked 9 marked paces. in the - back in the ancient times, rulers and their justice unlikely event of no burns appearing on his hands, courts used various techniques to catch a liar and he was adjudged innocent. establish the truth. - otherwise, he was promptly hanged. - historical chronicles and ancient written records - a variation of licking the rod-hot iron sometimes, the carry evidence about complex rituals and suspect had to run barefoot over nine red-hot sophisticated ordeals otherwise known as “divine plowshares. justice” developed to this end. - the hand or foot was bound up and inspected 3 days afterwards. - if the accused had escaped unhurt, the person was EARLY FORMS OF TRIAL pronounced innocent, if hurt the person is guilty. ❖ TRIAL BY COMBAT - resolving issue by use of human strength. b. ORDEAL OF BALANCE ❖ TRIAL BY ORDEAL - by means of pain. - practiced in the institute of vishnu, india. ❖ TRIAL BY JURY - fact finders. - a scale of balance is used, in one end of the ❖ TRIAL BY TORTURE - witch hunt. - scale, the accused is placed and in the other end a counter balance. - the person will step out of the scale and listen to a judge to deliver an exhortation on the - balance and get back in. - if he was found lighter than before then he should be acquitted. c. ORDEAL OF WATER h. ORDEAL OF THE BIER - in this type of ordeal, the water was symbolic of the - it was an ancient belief that the slain dead could flood of the Old Testament, washing point out the killer. - sin from the face of the earth, allowing only the - in england, it was usual for the accused to righteous minority to survive. approached the bier on the which the corpse lays. - there are two kinds of ordeal by water the boiling - in view of the witness, the wounds of the victim were water and of cold water. observed to see if they began to bleed again. - ordeal of water was the usual mode of trial allowed to members of the lower classes. i. ORDEAL OF THE NEEDLE - red-hot needle was drawn through the lips of the ❖ BOILING WATER ORDEAL alleged criminal and if blood flowed from the wound, - according to the laws of athelstan, the first king of he was deemed guilty, but if none, he is innocent. england, the ordeal consisted of lifting a stone out - Wanaka in Eastern Africa practiced this ordeal. of the boiling water with the hand plunged as deep as the wrist. j. ORDEAL BY HEAT AND FIRE - more serious offences demanded that arm was - the accused walked barefooted over coals of fire, or submerged up to the elbows. was made to walk through fire. - the burn was bandaged for 3 days before fateful - if he was unharmed by fire he was considered examination. innocent. - one place in cordillera still practice boiling water ordeal but it is performed by various rituals. k. TRIAL OF THE CROSS - this ordeal is administered to the accused of being - the accuser and the accused were placed under the a thief. cross with their arms extended or - crosswise and the first to move his hands or suffer ❖ COLD WATER ORDEAL them to fall was held guilty. - the usual mode of trial for witchcraft. - in this ordeal, the accused was tied at the feet l. TRIAL OF THE WAXEN SHIRT - and hands and was lowered to cold water by rope. - the accused was dressed in a cloth covered with wax and walked barefoot over coals of fire. d. ORDEAL BY RICE CHEWING - if he was hurt by the fire and the wax did not melt, - indians practiced this ordeal. he was considered innocent. - it was formed with a kind of rice called sathee, prepared with various incantations. m. HEREDITARY SIEVE METHOD - the person on trial eats the sathee, with the face to - beans were thrown into a sieve as the name of the the east and then spits upon a pea leaf. suspect was called, mentioned this ordeal. if the - if saliva is mixed with blood or the corner of his beans jumped out of the sieve, the owner of the mouth swells or he trembles, he is declared to be a sieve is innocent. liar. - if the beans remained in the sieve the person named is a thief. e. ORDEAL OF THE RED. WATER - in a wide region of eastern africa, the ordeal of the n. THE SACRED ASS/DONKEY'S TAIL ORDEAL sassy bark or red water is used. - a donkey was placed in a dimly lit tent or room. - the accused is made to fast for twelve hours, and - its tail had been covered with lampblack. then swallows a small amount of rice. - all suspects of an offense were instructed to pass - then he will be imbedded in dark colored water. through the enclosure and while going through they - the water is actually emetic and if the suspect ejects were to grasp the donkey's tail. all rice, he is considered innocent of the charge. - they were also told that the donkey would bray - otherwise, the accused is guilty. when touched by the guilty person. f. ORDEAL OF THE CORSNEAD/ ORDEAL OF THE o. ORDEAL OF THE TIGER BLESSED BREAD - practiced in siam, the accused and accuser are - a priest puts the corsnaed or hallowed bread in the placed on a cage of a tiger. mouth of the accused, with - if the tiger spare one of them he is considered - various imprecations. innocent. - if the accused swallowed it he was freed from punishment. 3. TRIAL BY JURY - jury trials are trials that allow juries to make findings g. TEST OF THE EUCHARIST of fact and render a verdict for the trial. - this was applied chiefly among the clergy and - the judge decides questions of law, including monks. whether particular items of evidence will be - when they took the host it was believed that god presented to the jury. would smite the guilty with sickness or death. - the parties may, however, request a bench trial, - others believed that if the accused is innocent, where the judge decides issues of fact and law. when given a poisonous drink for him to take in, Angel Gabriel will descend from heaven to prevent the accused from taking in the poisonous drink. 4. TRIAL BY TORTURE AYUR VEDA - the existence of witches and witchcraft, - "hindu book of health and science" - the earliest condemning it as a pagan superstition. known reference of the methods for detecting - christians as a whole were not of the belief that deception. magic in its entirety is demonic. - in the late 18th century the practice of witchcraft had ceased to be considered a criminal offense IMPORTANT PERSONS IN THE DEVELOPMENT OF throughout europe, but there are a number of trials POLYGRAPH (ANALOG) which, while technically not witch trials, are - the polygraph or most commonly known as lie suspected to have involved a belief in witches. detector, has been in existence in police science - various acts of torture were used against accused many years ago. witches to coerce confessions and cause them to - tracing back its beginning, one may find out thaf provide names of alleged co-conspirators. there are several persons instrumental in the - some of the tortures implemented are: development of the polygraph instrument as we - sleep deprivation for periods up to forty hours and know it today - recording changes in respiration sexual humiliation was used. galvanic skin response (gsr) or electro dermal - in addition, many faced capital punishment for activity (eda) and cardiovascular activity. witchcraft, either by burning at the stake, hanging, or beheading. ❖ CARDIOSPHYMOGRAPH OTHER COUNTRIES PRACTICING ORDEAL - the cardiosphygmograph component is used to record changes of blood pressure and pulse rate of BURMA the subject. - the ordeal of divination is being practiced in this - country, whereby it involves 2 parties being ANGELO MOSSO furnished with candles of equal size and lighted - in 1878, science came to the aid of the truth seeker simultaneously the owner of the candle that outlast through the research of an italian psychologist. the other is adjudged to have won his causes. - he made use of an instrument called plethysmograph in his research on emotion and fear MADAGASCAR and its influence on the heart and respiration. - legal authorities practiced trial by ordeal. - developed a scientific cradle and focus on the - the supposed criminal was made to drink a importance of fear as a strong influence to detect decoction, a poisonous fruit called "tangena", a deception. small dose is fatal. CESARE LOMBROSO BORNEO - in 1895, cesare lombroso, an italian criminologist - the accuser and accused were presented with and tutor of angelo mosso, published the second shellfish placed on a plate. edition of his book entitled "L'HOMME CRIMINEL" - an irritating fluid was then poured on the shellfish which he relates the use of hydrosphygmograph and the litigant whose shellfish moved first was (1st scientific instrument) during interrogation of adjudged the winner. suspects. - he called it blood pressure pulse test. he is GREECE considered as the first person to conceive the idea - a suspended axe was spun at the center of a group of lie detection and the first to apply the technique of suspects. in actual criminal suspects. - when the axe stopped whoever was in the line with the blade as supposed to be guilty out by the divine DR. WILLIAM M. MARSTON providence. - in 1915, he made use of a sphygmomanometer was credited as the creator of the systolic blood- NIGERIA pressure test used in an attempt to detect deception - the priest greased a cock's feather and pierced the during questioning and using a standard blood tongue of the accused. pressure cuff and stethoscope, requiring repeated - if the feather passed through the tongue easily, the inflation of the pressure cuff to obtain readings at accused was deemed innocent. intervals during examination. - if not the accused is guilty. - this was called discontinuous technique. - another method practiced into the same country is the pouring of corrosive liquid into the eyes of the JOHN A. LARSON accused who was supposed to be unharmed if - encouraged by august vollmer of the berkeley innocent. police department to conduct a research on - pouring of boiling oil over the hand of the accused deception. with the usual requisites for guilt or innocence is - cardio-pneumo psychogram was larson's first also practiced. instrument which was borrowed from dr. robert jessel and was invented by earl bryant.  EARL BRYANT VERAGUTH (1907) - in 1921, earl bryant made an instrument for larson - he was the first to use the term - psychogalvanic in which he used a breadboard as a base and from skin reflex. that it became in the industry as breadboard - he believed that the electrical phenomena are due polygraph - capable of recording continually and to the activity of the sweat gland. simultaneously the respiration and cardiovascular activities. ❖ KYMOGRAPH - today, he is known as the father of scientific lie - an instrument for recording variations in pressure, detection and at the same time the father of e.g. in sound waves or in blood within blood polygraphy. vessels, by the trace of a stylus on a rotating cylinder. ❖ PNEUMOGRAPH - it is an instrument that records the movements or LEONARDE KEELER volume change of the lungs. - in 1926, he made a modification of larson's instrument. ARCHER - he developed that metal bellows and kymograph - the first polygraphist to record simultaneously on that pulled a chart paper at a constant speed under regular basis the chest and abdominal breathing recording pens from a roll of chart located inside the patterns. instrument. - (pneumo 1 and pneumo 2) credited as the creator - in 1938, keeler included the psychogalvanometer of stimulus marker developed an instrument with (pgr), a third measuring component of his two galvanic skin resistance. instrument which was also known as galvanic skin reflex (gr) invented by italian physiologist galvani in VITTORIO BENUSSI 1791. - in march 1913, he presented a paper before the - credited as the creator on relevant-irrelevant second meeting of the italian society for psychology technique. in rome where he described how he records the - today keeler is known as the father of modern subject's breathing patter using a marey polygraphy. pneumograph which he noted the changes in inspiration-expiration ratio during deception. - he also included recording of heart rate and blood PERSONALITIES IN MODERN POLYGRAPH pressure curve in detection of deception and probably" the first person to record more than one MODERN POLYGRAPH physiological response. - is a computer outfit with sensors. - Sensors are used to measure and record a number HAROLD BURIT of physical changes that are related to the - in 1918, burtt suggested that the changes in vegetative nervous system. respiration were an indication of deception. - he was able to determine that the changes in DR. JOSEPH F. KURBIS respiration were of less value in the detection of - first researcher who used potential computer deception than the changes in blood pressure. applications for the purpose of polygraph chart - considered respiration as a weak basis in analysis. determining deception and incorporate the systolic blood pressure to respiration. DR. JOHN C. KIRCHER AND DAVID C. RASKIN - developed the COMPUTER ASSISTED POLY ❖ GALVANOGRAPH GRAPH SYSTEM (CAPS) which incorporated the - it is a copperplate engraving produced by ist algorithm to be used for evaluating physiological galvanography. data collected for diagnostic purposes. LUIGI GALVANI (1791) 1992 - he was accorded the distinction for developing the - the polygraph made its official entrance into galvanic skin reflex or computer age. - the galvanometer, which records electrical bodily resistance in terms of ohms, the lower current ever DR: DALE E. OLSEN AND JOHN HARRIS recorded. - completed the software program called - the gsr reflected emotional changes by measuring POLYSCORE which used sophisticated changes in persons' skin resistance to electricity. mathematical algorithm to analyze the polygraph data and to estimate a probability or degree of GEORGE STICKER deception or truthfulness in a subject. - believed that the origin of the galvanic skin phenomenon was under the influence of the 2003 exciting mental impressions and that the will has no - US department of energy commissioned a review effect upon it. committee of the national academy of science to - he made the earliest application of study the scientific evidence on the polygraph. psychogalvanometer to forensic problems. study the influence of the sweat glands to skin resistance.  OTHER PERSONALITIES THOMAS JEFFERSON - first person known who used the term polygraph to describe one of his inventions. SIR JAMES MACKENZIE - an english clinician and cardiologist, constructed the clinical polygraph in 1892, an instrument to be used for medical examinations with the capability to simultaneously record undulated line tracings of the vascular pulses (radial, venous and arterial) by way of a stylus onto a revolving drum of smoked paper. - in 1906, sir james mackenzie refined his clinical polygraph of 1892 when he devised the clinical ink polygraph with the help of lancashire watchmaker, sebastian shaw. - this instrument used a clockwork mechanism for the paper-rolling and time-marker movements and it produced ink recordings of physiological functions that were easier to acquire and to interpret. - a heart specialist who published in two british journal the machine he used in his work and named it "ink polygraph". RUCKMICK - in 1936, the term psychogalvanic reflex used by veraguth was repudiated by ruckmick and proposed the term electrodermal response. JOHN E. REID - in 1950, he developed the control question test which consists of a known lie and incorporated it into the relevant/irelevant technique. - he developed a movement or activity sensor a means of recording arm and leg movements. - reid also developed the silent answer test and guilt- complex test to be administered to overly responsive examinee. CLEVE BACKSTER - developed the psychological set theory and the anticlimax dampening concept. - he also developed and introduced the quantification system of chart analysis (numerical scoring) which permits the examiner to score the charts numerically according to standard rules.