CJUS 640 Chapter Application 1

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1 CHAPTER APPLICATION Chapter Application Assignment Helms School of Government, Liberty University CJUS 640: Psychology & The Legal System September 3, 2023 Authors Note By submitting this assignment, I attest this submission represents my own work, and not that of another student, scholar, or internet source. I understand I am responsible for knowing and correctly utilizing referencing and bibliographical guidelines. Chapter Application Assignment

2 CHAPTER APPLICATION Introduction Lie detection methods, like in the form of a polygraph have been used for decades to determine the integrity of a criminal or a potential employee. Polygraphs involve several techniques designed to decipher a truth from a lie however, these techniques are not full proof. The purpose of this paper is to examine the effectiveness of the polygraph as a lie detection method and to analyze its application on psychology and the legal system. First, this paper will describe the tactics and methods involved in conducting a polygraph. Next, this paper will detail the potential flaws or validity of those tactics and how they may alter the accuracy of the polygraph. Third, this paper will outline the application of psychology and legal systems as they relate to the polygraph as a lie detection tool. Finally, this paper will conclude with a Christian perspective as it relates to the context of the paper. Although polygraphs are used as a legitimate lie detection tool in some professional sectors, its methods and tactics are questionable and should be examined to determine their validity. Methods and Tactics of Polygraphs There are several methods and tactics involved in performing a polygraph. The main technique is called the Comparison Question Technique (CQT) in which broad questions are asked in order to form a baseline for the individual being examined (Costanzo & Krauss, 2020). For example, an examiner will ask the examinee if they have ever lied to someone they care about. When the examinee responds with “no”, the examiner can determine whether the individual was comfortable with lying (Costanzo & Krauss, 2020). The examiner wants the individual to feel uncomfortable to get a more accurate reading on whether they were being truthful (Costanzo & Krauss, 2020).). Whereas if the individual was comfortable with lying, it would be harder for the examiner to decipher between a legitimate lie or a neutral disposition

3 CHAPTER APPLICATION (Costanzo & Krauss, 2020). Individuals who are comfortable with lying may not induce the relative arousal the CQT is meant to measure (Costanzo & Krauss, 2020). Though the CQT is the most popular polygraph method, its accuracy is unfounded and its error rate is unknown (Iancono & Ben-Shakhar, 2019). However, polygraphers argue that the CQT is 90% accurate and this analysis was accepted by the National Academy of Sciences (NAS), allowing this technique to be legally admissible (Iancono & Ben-Shakhar, 2019). Critiques believe that the NAS determining factors of scientific legitimacy are misrepresented and have not been reevaluated since its initial acceptance of the CQT (Iancono & Ben-Shakhar, 2019). The CQT focuses on the psychological responses to questions which expand further than the relative arousal someone feels when they lie (Math, 2011). Psychological responses can include anxiety and nervousness because the individual wants to pass the polygraph to get a job or be exonerated of a crime (Math, 2011). The CQT cannot decipher between the psychological responses like anxiety or lying and therefore, cannot be completely effective (Math, 2011). Other methods of the polygraph focus on the questions and the number of questions that are being asked. The Positive Comparison Test (PCT) or Concealed Information Test (CIT) asks the individual the same question or similar questions multiple times (Peth et al., 2016). These tests begin with a generic question in which the examiner will continuously add details or change details of the question to invoke a different response (Peth et al., 2016). The CIT is measured by examining how the individual reacts as the questions become more detailed. The validity of these tests is largely estimated as countermeasures taken during a CIT can greatly alter the results of the polygraph (Peth et al., 2016). CIT examinees may purposefully use countermeasures to invoke a false reading due to high levels of excitements or alterations to their psychological reactions (Peth et al., 2016). These countermeasures include physical techniques like tongue

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4 CHAPTER APPLICATION biting or mental techniques like thinking of a past emotional event (Peth et al., 2016). Researchers conducted a test in which they had participants answer questions while using these countermeasures and a separate pool of participants who answered without countermeasures (Peth et al., 2016). The results concluded that countermeasures were proven to significantly alter the test results indicating that these types of tests are not infallible (Peth et al., 2016). Psychology and the Legal System Application Accuracy of the polygraph depends on the individual being examined as well as the experience and demeaner of the examiner (Honts et al., 2020). Examiners must convince their examinees that the polygraph is flawless and any lie would result in a failed test (Honts et al., 2020). Due to the stressful nature and consequences of a failed polygraph, individuals may use techniques to trick the examiner and alter the test results even if they have nothing to lie about (Honts et al., 2020). This makes the purpose of the test more about the ability to control psychological responses than about determining a truth from a lie (Honts et al., 2020). A failed polygraph can lead to life-altering consequences like a loss in job security, negative public perception, and incarceration (Honts et al., 2020). Psychologists have raised questions about the ethical nature of polygraph techniques as they can lead to personal anguish for failed examinees (Honts et al., 2020). Additionally, psychologists believe that polygraph methods like the CQT are no more accurate at detecting lies than personality tests are at determining personal behavior (Honts et al., 2020). The polygraph is not used in the psychological field due to the lack of regulations and inconsistent standards for polygraphers. Despite evidence that polygraphs are not completely accurate, they are still applied to the legal system during criminal procedures (Jingxiang, 2014). Polygraphs are used for judicial efficiency as they can assist in making a quick determination between an innocent individual or a

5 CHAPTER APPLICATION criminal (Jingxiang, 2014). Additionally, test results can aid in shortening a case for a quicker decision and can determine possible suspects (Jingxiang, 2014). Polygraphs are also used to determine when a criminal is lying which can be used as evidence to a judge or jury. Due to the fact that polygraphs are generally accepted as a tool by legal professionals, an examinees answers can be used as evidence to incriminate them (Jingxiang, 2014). However, there are some legal professionals that are skeptical of polygraphs and believe they can lead to false positives (Jingxiang, 2014). These false positives can incarcerate the innocent or can completely delegitimize an ongoing case. Polygraphs may be used in the legal systems but critics will continue to find ways to dismantle its validity (Jingxiang, 2014). Christian Perspective Analysis The Bible provides a deeper understanding of the techniques and methods of the polygraph as a lie detection tool. Proverbs 10:9 states that those with integrity should feel secure as they have nothing to hide but those who lie or fall to deception cannot hide from the consequences ( King James Bible, 1769/2017). Deception is a tactic used when conducting a polygraph which goes against the nature of the test. Though an individual should not lie on a test, those examining should also be truthful in order to avoid psychological deceptions or countermeasures. Conclusion This paper first described the tactics and methods involved in conducting a polygraph which include two comparison tests with varying results. Then this paper detailed the potential flaws or validity of those tactics which include the purposeful deception from both the examiner and the examinee. These deception tactics prove to alter the accuracy of the polygraph. Third this essay discussed the psychological and legal application of polygraphs to include the skepticism

6 CHAPTER APPLICATION of testing methods. Finally, the outcome of this paper revealed that polygraphs are not infallible or an effective tool for lie detection which is supported by research and analysis of different tactics and methods of the test.

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7 CHAPTER APPLICATION References Costanzo, M., & Krauss, D. (2020). Forensic and Legal Psychology: Psychological Science Applied to Law. MacMillan Higher Education. Honts, C., Thurber, S., & Handler, M. (2020). A comprehensive meta-analysis of the comparison question polygraph test. Applied Cognitive Psychology . Iacono, W., & Ben-Shakhar, G. (2019). Current status of forensic lie detection with the comparison question technique: An update of the 2003 National Academy of Sciences report on polygraph testing. American Psychological Association . Jingxiang, S. (2014). Application of polygraph technology in criminal procedure. Frontiers of Legal Research . King James Bible . (2017). Cambridge University Press. (Original work published 1769) Math, S. (2011). Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane. Indian Journal of Medical Research . Peth, J., Suchotzki, K., & Gamer, M. (2016). Influence of countermeasures on the validity of the concealed information test. Society for Psychophysiological Research .