Throughout history
it has often been assumed that lying can be detected by examining
changes in bodily activity - but we are actually deceiving ourselves
if we believe there will ever be an error-free way of detecting
deception. Polygraph tests in particular should not be ascribed
special status.
I make this conclusion as the chair of a working
party convened by the British Psychological Society to examine research
into the most popular polygraph tests and assess their use in real
life situations. The working party’s report, which was published
in January and was entitled “A review of the current scientific
status and fields of application of Polygraphic Deception Detection”,
concluded that the accuracy of polygraphs is not high and that the
rate of incorrect decisions is too significant to ignore.
Of course polygraph tests are not currently
used in criminal investigations in the UK but they are in many other
countries including Belgium, Canada, Israel, Japan, Turkey, Singapore,
South Korea, Mexico, Pakistan, the Philippines, Taiwan, Thailand,
and the USA. In a number of countries the courts have been apprehensive
about admitting testimony concerning the ‘outcomes’
of polygraphic lie detection and the BPS report should be of assistance
in this regard.
Polygraph tests work by measuring changes
in bodily activity such as heart rate, blood pressure, respiration,
and palmar sweating. Three out of the four most popular lie detection
procedures assume that while answering so-called ‘relevant’
questions, liars will be more aroused than while answering so-called
‘control’ questions.
Yet this premise is somewhat naive as truth
tellers may also be more aroused when answering the relevant questions,
particularly when these relevant questions are emotion evoking questions,
for example an innocent man, questioned about murdering his beloved
wife, might experience strong feelings about her. An innocent examinee
can also become more aroused due to fear which may occur, for example,
when the person is afraid that his or her honest answers will not
be believed.
Moreover, a suspect may admit having guilty
knowledge but nevertheless deny guilt. This happens when the suspect
admits being present but denies the specific alleged acts, for example
in an alleged sexual assault where the suspect admits the sexual
acts but claims that they were consensual.
In our report we examined the available evidence
to establish whether the polygraph is a useful procedure for the
UK. Scientific laboratory studies, which generally show somewhat
favourable results for polygraph testing, are strongly attacked
by polygraph opponents. Amongst other things, they argue that the
‘guilty’ participants, who are asked to commit a mock
crime, have little incentive to try to beat the polygraph test and
that innocent participants are unlikely to be concerned about the
relevant questions.
Field studies illustrate the accuracy of polygraphs
in the ‘real world’ but their quality is subject to
debate. One of the main problems is establishing with certainty
whether the suspect is actually innocent or guilty. Confessions
are widely accepted as ways to establish the ground truth, however
a guilty suspect who passes a polygraph test is unlikely to confess
and with no confession the incorrect polygraph decision will not
be noted.
Most field studies have been carried out using
the Control Question Test (CQT) technique, which compares responses
to specific questions about the crime (relevant questions) with
responses to control questions, which are expected to arouse anxiety
but to a lesser extent than the relevant questions. Overall field
studies show the CQT polygraph technique catches guilty suspects
in 83 per cent to 89 per cent of cases. But innocent suspects do
less well with between 11 per cent and 47 per cent being classified
as guilty.
The two field studies conducted using another
polygraph technique, the Guilty Knowledge Test seem, revealed very
good results regarding the classification of innocent suspects (94
per cent and 98 per cent of innocent suspects were correctly classified)
but rather poor results regarding the classification of guilty suspects.
In these two tests only 76 per cent and 42 per cent of guilty suspects
were ‘caught’ and correctly classified.
This is probably because some guilty suspects
may be able to `cheat’ polygraphs by suppressing their physiological
reactions with the help of countermeasures. Mental countermeasures
include meditation, training in hypnosis to produce ‘amnesia’
for the offence, and biofeedback training. Guilty people can also
use physical countermeasures such as using drugs prior to the examination
to dampen physiological responses or increasing their arousal on
control questions by inflicting physical or mental pain on themselves
or producing muscle tension. This reduces the differentiation in
bodily activity.
Proponents of the polygraph test argue that
it is highly improbable that countermeasures can succeed because
properly trained examiners would notice that the examinee is trying
to fool them. However, several studies, some conducted by polygraph
supporters, have shown that the use of countermeasures can be very
effective in defeating polygraph tests, and that they sometimes
remain unnoticed by polygraph examiners.
One of the most famous countermeasures test
was conducted by Floyd ‘Buzz’ Fay, a man who was falsely
convicted of murder in the USA on the basis of a failed polygraph
examination. He took it on himself to become a polygraph expert
during his two-and-half years of wrongful imprisonment. He coached
27 inmates, who all freely confessed to him that they were guilty,
in how to beat the control question polygraph test. After only 20
minutes of instruction, 23 of the 27 inmates were successful in
defeating the polygraph examination.
After studying such evidence as this we concluded
that even in the most favourable circumstances polygraphic lie detection
accuracy is not high so an over-reliance on an imperfect procedure
may lead to undue relaxation concerning the developing of: other
methods of identifying or screening wrongdoers; and other ways of
ensuring security and preventing crime. The belief that people who
‘pass’ a polygraph test are, therefore, cleared of suspicion
is a false belief.
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There are also
issues about using the polygraph test in clinical settings, especially
as the government has recently announced, as part of the Management
of Offenders and Sentencing Bill, it is extending the use of polygraph
tests for sex offenders on licence.
It is well known that sex offenders typically minimise the nature
and extent of their sexual offending, probably because of their
feeling of shame, so it is not surprising that the polygraph has
begun to be applied with this population of offenders to aid their
management and treatment.
A British pilot project with sex offenders,
mainly child molesters, published in 2002 examined whether the introduction
of polygraph tests assists offenders in avoiding behaviours which
could increase their risk of re-offending; for example, using pornography,
or going to places where potential victims might be located.
116 sex offenders were approached to take
part in the study, with 50 actually agreeing to participate. Three
months after the agreement a CQT was administered to 32 men (due
to drop out rates). 31 of these (97 per cent) admitted to having
engaged in at least one high risk behaviour, for example masturbating
to deviant fantasies, obtaining pictures of children for the purpose
of sexual arousal or having unsupervised contact with children.
The participants were then told that because of their reporting
of high-risk behaviour they would be polygraphed again in six months’
time. Out of the 32 participants who were polygraphed, 21 (66 per
cent) turned up for the second polygraph test.
The researchers concluded that the polygraph
could contribute to treatment programmes as a ‘truth facilitator’
rather than as a lie detector. The test was able to bring worrying
behaviours to the attention of supervisors and treatment providers,
allowing effective intervention and additional treatment before
offending occurs.
But the results of this pilot study need to
be treated with caution in view of the small number of participants,
especially as it is evident that there are high refusal and drop
out rates. What would happen to prison inmates and other sex offenders
who refuse to co-operate with the polygraph testing? Would this
refusal hinder their being released on licence back into the community?
It is possible that a failure to co-operate with the use of the
polygraph or a negative result (i.e. apparent deception) may have
negative consequences for the sex offender concerned.
Our report concluded that the validity of
the application of the polygraph with sex offenders as part of their
supervision, management and treatment is still not scientifically
established, although there is some growing evidence that it encourages
offenders to disclose their deviant thoughts and actions, and may
help them exercise self-control. Therefore, it may help with relapse
prevention, but more research is needed to ascertain its effectiveness
in practice.
Our report demonstrates that over-confidence
in the ability of any procedure designed to detect deception, especially
polygraph tests, can have serious consequences. We hope those who
may be in a position to consider the use of the polygraph tests
will make themselves fully aware of the contents of the report.
The report can be downloaded free of charge
from the BPS website at www.bps.org.uk
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