Polygraph Investigation Technique (lie Detector), a Legal Fiction from the Probative Force Point of View, Possibilities and Limits

Author:Tudorel B. Butoi - Corina Florenta Popescu
Position:Professor doctor, forensic psychologist (ex. Police colonel - Head of the psychological laboratory detection simulated behavior - Criminal Investigation - Capital Police). - Conf. Univ. PhD, Ecological University of Bucharest, Romania, e-mail: coripopescu@yahoo.com.
Pages:150-156
SUMMARY

Although generally the results of the polygraph test are not admitted to the courts unless a convention is reached and the lawyer's consent is obtained, the test can be very useful for investigators during the investigation of the crime. In Romania, the first study on the opportunity and efficiency of polygraph insertion into police activity was made in 1976. This was done for a year, using the... (see full summary)

 
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LESIJ NO. XXVI, VOL. 2/2019
POLYGRAPH INVESTIGATIO N TECHNIQUE (LIE DETECTOR), A LEGAL
FICTION FROM THE PROBATIVE FORCE POINT OF VIEW- POSSIBILITIES
AND LIMITS -
Tudorel B. BUTOI*
Corina Florena POPESCU**
Abstract
Although generally the results of the polygraph test are not admitted to the courts unless a
convention is reached and the lawyer's consent is obtained, the test can be very useful for investigators
during the investigation of the crime. In Romania, the first study on the opportunity and efficiency of
polygraph insertion into police activity was made in 1976. This was done for a year, using the classic
methods of police work with the polygraph method in parallel.
Keywords: polygraph technique, polygraph diagrams, psychophysiological changes, informed
consent.
1. Introduction
With over 25 years of use in Romanian
forensics and over 54 years of consecration
in the world, USA1, Japan2, Israel, Serbia,
Croatia, Canada, etc., the polygraph
technique is reasonably disputed even today.
Permanently, as well as the specialists
in the field, between appreciation and
contestation, the sinuous road of simulated
behaviours investigation was littered with
both smashing failures and remarkable
successes.
We will not insist on them, the last 25
years of professional practice in the field,
done by psychologists and prosecutor
authors, with good and bad, assimilated to
the lessons we have learned from them and
on which we still reflect.
* Professor doctor, forensic psychologist (ex. Police colonel - Head of the psychological laboratory detection
simulated behavior - Criminal Investigation - Capital Police).
** Conf. Univ. PhD, Ecological University of Buch arest, Romania, e-mail: coripopescu@yahoo.com.
1 See John Reid, Fred Inban, Lye Detection and Criminal Investigation, 1942, Baltimore, USA.
2 See Tanemoto Furuhata, Le detector de mensonges (polygraph) au service de la police japonaise, Revue
Internationale de police criminalle, mars, Paris, 1966, pg. 62.
Asked by courts, prosecutions,
defences to speak out about the specialist
opinions of some distinguished specialists in
the field, we are facing challenges that we
are called to detail hereinafter:
Arguments of the current vulnerability
of the polygraph technique
a) The polygraph technique has been
extensively / exponentially
popularized in the sense of satisfying
the freedom of information of the
general public, exposing in details a
series of intimacies - thus losing its
infallibilityand mystery / surprise
aura, psychologically necessary to the
pre- test phase of waiting, charging,
emotional mounting on the issue
criticizes the memory of the criminal
actabsent / present in t he cognitive /
emotional memorial matrix of the

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