Republic of the Philippines

Isabela State University

College of Criminal Justice Education
Cauayan City, Isabela

SUBJECT: SPECIALIZED CRIME INVESTIGATION 2 WITH SIMULATION ON INTERVIEW

AND INTERROGATION
TOPIC: METHODS OF DETECTING DECEPTION

Terms to Ponder

Detection. Refers to the act of discovering the existence, presence, or facts of

something hidden.

Deception. Refers to an act of deceiving or misleading usually accomplished by lying.

Detection of deception. The act of discovering a deceiving or misleading statement.

Lying. This refers to the uttering or conveying falsehood or creating a false or

misleading impression with the intention of affecting wrongfully the acts, opinion or
affection of another.

Physiology. It deals with the normal functions of living organisms and their parts.
Relating to the voluntary movement of parts/organs of the body.

EARLY METHODS OF DETECTING DECEPTION

Ordeal, Trial or Judicium Dei is a common method of deciding guilt or innocence and a
practice of referring disputed questions to the judgment of God, determined by
various means, particularly by physical tests.

For the first decades of his renewed existence, the Medieval Coroner had to be
present at some curious and barbaric rites connected with the law. These were the
various "ordeals", a semi-magical method of determining guilt or innocence which
goes right back to pre-historic times through many cultures prior to the coming of the
Anglo-Saxons.

Throughout Europe the ordeal existed in various forms under the sanction of law and
was closely related to the oath. The most prevalent kinds of ordeal were those of fire,
water, and the wager of battle.

1. Red Hot Iron Ordeal

Practiced in the hill tribe of North Bengal. The accused had to carry a bar of red-hot
iron in his hands while he walked nine marked paces. In the unlikely event of no burns
appearing on his hands, he was adjudged innocent. Otherwise, he was promptly
hanged. A variation of licking the red-hot iron or the suspect had to run barefooted
and blind folded over nine red-hot plowshares. The hand or foot was bound up, and
inspected three days afterwards. If the accused had escaped unhurt, the person was
pronounced innocent, if hurt, the person was guilty.

2. Wager of Battle
In the wager of battle the judgment of God was thought to determine the winner, and
the defeated party was allowed to live as a recreant, that is, on retracting the perjury
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
that had been sworn. Similar in concept is the Burmese ordeal by divination, which
involved two sides in a dispute holding lighted candles. Whoever's candle lasted
longest was pronounced the winner.
3. Ordeal by Balance
Practiced in the in the Institute of Vishnu, India. A scale of balance is used, in one end
of the scale the accused is placed and in the other end is 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.

4. Ordeal by Water
In this type of ordeal, the water was symbolic of the flood of the Old Testament,
washing sin from the face of the earth, allowing only the righteous minority to survive.

There are two kinds of ordeal by water the boiling water and of cold water. Ordeal
by water was the usual mode of trial allowed to members of the lower classes.

a. Boiling Water Ordeal - According to the laws of Athelstan, the first king of
England, the ordeal of boiling water consisted of lifting a stone out of boiling
water, with the hand inserted as deep as the wrist. More serious offences
demanded that arm was submerged up to the elbow. The burn was bandaged
for three days before fateful examination.

One place in Cordillera still practice boiling water ordeal but it is performed by
various rituals. This ordeal is administered to the accused of being a thief.

b. Cold Water Ordeal - The person allowed the ordeal of cold water, the usual
mode of trial for witchcraft, was flung into a body of water. In this ordeal, the
accused was tied at feet and hands and des lowered to cold water by rope. This
rope is tied around the defendant's waist and had a knot a particular distance
from the torso. If both knot and accused dipped beneath the surface of the
water, the accused was proven innocent if the knot is dry or if the water refused
to receive him, the defendant was guilty.

5. Ordeal by Rice Chewing

It is performed with a kind of rice called sathee, prepared with various incantations.
The person on trial eats the sathee, with the face to the east and then spits upon a
pea leaf. If saliva is mixed with blood or the corner of his mouth swells or he trembles,
he is declared to be a liar. Indians practice this ordeal.

6. Ordeal of the Red Water

The ordeal of the "sassy bark" or red water is used in the wide region of Eastern
Africa. The accused is made to fast for twelve hours, and then swallows a small
amount of rice. He is then immersed into dark colored water. The water is actually
emetic and if the suspect ejects all the rice, he is considered innocent of the charge.
Otherwise, the accused is guilty.

7. Ordeal by Combat
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
The aggrieved party claimed the right to fight the alleged offender or to pay a
champion to fight for him. The victor is said to win not by his own strength but
because of supernatural powers that had intervened on the side of the right, as in the
duel in the European Ages in which the "judgment of God was thought to determine
the winner". If still alive after the combat, the loser might be hanged or burned for a
criminal offense or have a hand cut off and property confiscated in civil actions.

In England, King Henry III abolished all legal ordeals except Ordeal by Combat. This
ordeal was vividly dramatized in the movie "Ivanhoe" based on the novel of the same
title.

8. Ordeal of the Corsnaed (Ordeal by Blessed Bread)

A priest puts the corsnaed or hallowed bread into the mouth of the accused, with
various imprecations. If the accused swallowed it he was freed from punishment.

9. Test of the Eucharist

This was applied chiefly among the clergy and monks. When they took the host it was
believed that God would smite the guilty with sickness or death. Others believe that if
the accused is innocent, 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.

10. Ordeal of the Bier

It was an ancient belief that the slain dead could point out their killer. In England, it
was customary for the accused to approach the bier where the corpse lay. In the view
of the witness, the wounds of the victim were observed to see if they began to bleed
again. They believe that murderer is near, which causes the blood to flow out from the
wound of the victim. This ordeal was recorded well by Shakespeare in "Richard III".

11. Ordeal of the Needle

A red-hot needle was made to pierced the lower lip of the alleged criminal and if blood
flowed from the wound, he was deemed guilty, but if none, he is innocent. Wanaka,
Eastern Africa practiced this ordeal.

12. Ordeal by Heat and Fire

The accused walked barefooted over red hot coals, or was made to walk through fire,
if he was unharmed by fire he was considered innocent.

13. Trial of the Cross

The accuser and the accused were placed under the cross with their arms extended or
crosswise and the first to move his hands or suffer them to fall was held guilty. Or the
accused was placed before relics and two dice were then produced, one marked with
a cross. Of these, one was taken up at hazard. If it happened to bear the sign of the
cross, the accused was acquitted.

14. Trial of the Waxen Shirt

The accused was dressed in cloth covered with wax and walked barefoot over burning
coals. If he was unhurt by the fire and the wax did not melt, he was considered
innocent.
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
15. Hereditary Sieve Method
Hans Gross, the Father of Criminalistics, in his famous book in criminal Investigation in
which beans were thrown into a sieve as the name of the suspect was called,
mentioned this ordeal. If the beans jump out of the sieve, the owner of the sieve is
innocent. If the beans remained in the sieve the person named is a thief.

16. Donkey's Tail Ordeal

As a psychological theory, a donkey is placed in a room alone and observed. If the
donkey cried a judgement of guilt in crimes, is pressured. It is believed that deep
inside one's consicence, he is guilty.
17. Ordeal of the Tiger
Practiced in Siam, the accused and accuser are place inside a cage of a tiger, if the
tiger spare one of them he is considered innocent.

TYPES OF LIAR, LIES AND SIGNS OF LYING

Children and those who suffer from autism cannot lie. Children cannot lie, but as they
acquire language, they learn to co-operate with others and learn about deception, in
order to survive in society. Those who suffer from autism cannot lie or comprehend
deception, and live in a lonely and isolated world. Lying has an unquestionable value
in human culture, for the ability to deceive one's peers has evolved into one of the
most advanced and powerful of our cerebral functions. It is a power that helps us
succeed in love, war and commerce.

A. TYPES OF LIARS

1. Panic Liar - A person who lies in order to avoid the consequences of confession.
He or she is afraid of embarrassment to loved ones and is a serious blow to his or her
ego.
2. Occupational Liar - Is someone who has lied for years. This person is a practical
liar and lies when it has a higher payoff than telling the truth.
3. Tournament Liar - A person who loves to lie and is excited by the challenge of not
being detected. He views an interview as another contest and wants to win. He lies
because it is the only weapon remaining with which to fight. This person realizes that
he or she will probably be convicted but will not give anyone the satisfaction of
hearing him or her confess. He wants people to believe that the law is punishing an
innocent person.
4. Ethnological Liar - A person who was trained not to be a squealer. This person
loves to be interrogated and has taken a creed either personal or with others, that he
or she will never reveal the truth, the creed of underworld gangs.
5. Psychopathic Liar - This type of liar has no conscience. He shows no regret for his
dishonest actions and no manifestation of guilt. This is the most difficult type of liar
because he is a good actor he can fool most investigators.
6. Pathological Liar - A person who cannot distinguished what is right from wrong.
This are those persons who is mentally sick,
7. Black Liar - A person who always pretends and a hypocrite.

B. TYPES OF LIES
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
1. Direct Denial
This is a direct denial of the act in question that creates an emotional sense of
disturbance. This disturbance refers to the conflict between whaf is true and the
attempted deception that creates an internal battle in the mind. Example: "I did not
do it." The vague response permits the person to evade inner conflict while seeming
to answer the question. The reply given to a query must be evaluated in terms of
what was asked to know if the answer is proper.
2. Lie of Omission
This is a type of lie that people usually used because it is simple to tell. Individuals
who will make use of this type of lie will tell the truth while omitting details that could
create possible troubles.
3. Lie of Fabrication
This is the most difficult type of lie that a subject could use in an interview.

4. Lie of Minimization
In this type of lie individual will accept that something has occurred but downplays the
implication. Lie of minimization could be used if a subject wanted to stay close to the
truth, however, he covers the truth for his or her own benefit. Example: Mr. X is
complaining because Mr. B boxed him and as a result the nose of Mr. X is broken. If
Mr. B uses the lie of minimization, he will state that he only slapped Mr. X.
5. Lie of Exaggeration
This is a lie often used to exaggerate things for the hope of obtaining some
advantage. This is also often found on résumé, where applicant exaggerates his or her
experiences, knowledge, skills, salary and length of service. The exaggerated claims
can be verified by looking for inconsistencies of the subject story

OTHER TYPES OF LIES

1. Benign or White Lie - Used to maintain harmony of friendship, harmony of the
home or office.
2. Red Lie - This lie is common to communist countries. This lie is used to destroy
other ideologies by means of propaganda.
3. Malicious Lie - A Chronic lie purely used to mislead justice, a pure dishonesty to
obstruct justice.

C. SIGNS OF LYING

1. VERBAL CLUES
Verbal clues to deception include the words that are spoken, speed of delivery of the
words, choice of words, tone of voice and the tense of the language.

a. Methods of responding to the Question - The way the respondent answers the
question is clue of deception. In general, truthful people tend to be direct; untruthful
people tend to be cautious about their answers.
b. Length of Time Before Giving Response - In general, truthful persons answer
questions immediately after the question is asked; untruthful persons take their time
in giving a response. An awkward silence or a delaying tactic, such as "who me?" or
"why would I do that?" may use by the respondent.
c. Repetition of Question - The act of repeating the question is another means for
the deceiver to gain time to frame his or her answer. The question may be repeated
word for word, or the respondent may frame the answer with a request to repeat the
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
question. Example: "Are you asking me if I was bribe?". A truthful subject does not
have to think his or her answer.
d. Fragmented or Incomplete Sentences - Untruthful person often speak in
disjointed or curtailed sentences. This is usually because he has started the answer,
then thought better of it. Statements such as "I...I...can't think... it seems to me... can
be a clue of lying. Many liars will speak half-truths as well, and add qualifiers, such as
"...to the best of my memory..." or "... if I recall correctly."
e. Being Overly Polite - Anger is a common response to an unjust accusation, as
well as answering the statement with a abrupt "no". Untruthful subjects are more
likely to be polite to the accuser, using pleasing terms such as "sir" or "ma'am" "boss"
or "chief". The suspect who has been accused and is lying will often say, "Sir, to tell
you the truth, I didn't do it".
f. Oaths - Lying persons will frequently utter oaths, such as "I swear to God I didn't do
it" or "I swear on my Father's grave." Most truthful people do not need to swear or
affirm; they are ardent in their denials. Some people who use words like "frankly" or
"to tell the truth" often are neither being frank nor are they telling the truth.
g. Clarity of Response - Honest people tend be very clear in their answers, while
untruthful persons tend to speak softly and broaden their answers. Such responses
are to avoid the stress caused by an untruthful response; the liar is hedging. In that
way, if caught in a lie, the earlier "soft" response may aid in diffusing the lie.
h. Use of Words - As a general rule, truthful subjects have no trouble denying the
allegation in precise terms, while untruthful ones will have problems with the used of
words. Untruthful suspects also tend to deny specific instances. Example: "I did not
take the P5, 000.00 in kickbacks." That may be a truthful answer, perhaps the amount
was P10,000.00.
i. Assertiveness - Truthful persons are confident about their innocence, and deceitful
ones are not confident unless they are practiced liars. Truthful people will respond
directly without waiver or qualification; deceptive people tend to respond indirectly
with waivers and qualifications.
j. Inconsistencies - Contradicting testimonies made by the witness are one of the
best indicators of dishonesty; liars get caught up in their own web of deceit. In the
interview or interrogation, if Juan Dela Cruz says that he met Pedro Penduco for
drinks, and then later denies the same statement, there can be two explanations; he
was mistaken, or he was lying.
k. Slip of the Tongue - Liars, as Freud discovered, quite often slip up and divulge
themselves through a "slip of the tongue". An example would be a witness who
referred to Mr. Santos when he really intended to say Mr. San Juan. Could Mr. Santos,
then, be the truth and Mr. San Juan is the lie?
l. Tirades - People who are deceptive sometimes reveal more than a word or two, as
in the slip of the tongue. The information doesn't slip out, it pours out. Ekman a
psychologist believes that "leaking" out may be caused by the internal stress
produced by a lie. Tirades may be in direct proportion to the stress generate in the lie,
and arise at a time of anger or other strong emotion.
m. Pauses - Ekman says gap in speech patterns may be one reliable clue to
deception. The examiner should assess pauses in speech that are too long, too
frequent, or which occur at inappropriate places.
n. Speed of Speech - Persons who are tense or upset frequently increases the
swiftness of their speech, words tend to run together and the conversation can be
fragmented. A pattern of increased speed of speech during the relevant part of the
questioning could show deception.
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela

2. NON-VERBAL CLUES

Non-verbal clues encompass patterns in the body movements, gestures, facial

expressions body posture, positioning and movements used to explain chosen words.

a. Emblems - Emblems are often performed deliberately, these are expressions

made with the body, whose meanings are clearly understood. Here are examples of
emblem: Shaking or nodding of the head, shrugging the shoulders, the universal
"thumbs up sign", as well as the circled finger and thumb to indicate "okay". Other
examples would include a broad wink to show the remarks are to be taken in joke, as
well as a shrug of the shoulders.
b. Manipulators - These are usual behavior of touching one's self. Manipulators
encompass grooming the hair, wringing the hands, picking imaginary fur from a coat.
Manipulators may go on for several minutes or may last for a short time. Props, like
cigarettes, pencils and so on can be used in the manipulation. Social scientists have
documented that body movements, fidgeting, and other behavior arise with stress.
The manipulators increase as the stress rises. However, other evidence implies that
people also increase their use of manipulators when they are totally relaxed and when
they are out of boredom.
c. Breathing - Many persons, under prolonged periods of stress, hyperventilate.
Although breathing is an involuntary movement, breathing is very much affected by
stress. This stress may have nothing to do with the lie. But an increase in breathing
rate or volume may be a sign of deception.
d. Sweating - This is another uncontrollable body function. Perspiration occurs with
heat as well as with emotion. The rate of perspiration is not the same for all emotions,
such as fear and anger. Too much sweating could very well indicate an involuntary
reflex with deception.
e. Frequent Swallowing - A dry mouth frequently accompanies deep emotion. Often
the subject is not aware of increased efforts at swallowing. During the time of the
critical question, increased swallowing might indicate deception.
f. Facial Muscles - Other muscles are not easy to control but people can control
certain facial muscles with spirit. Example, to force a smile is easy, but even
beginners will notice something is wrong about. The reliable facial muscles that
cannot be are the muscles above the eyes but the muscles involving the mouth are
controllable. The muscles above the eyes control certain eye movements, along with
movement of the eyebrows. These muscles are difficult to train for even experienced
actors and actresses, and can be used in detecting deception.
g. Eyes - The eyes most likely express as much emotion as any other part of the
anatomy. Blinking, pupil dilation, and tears are some of the signs indicative of
emotion in the eye. Rapid blinking can signal emotional stress in the eyes. On the
other hand, the nonexistence of blinking may indicate the subject has rejected the
interrogator or interviewer. Pupil dilation is an involuntary response and beyond the
control of the subject. The most frequent reason for a change in pupils is because of
the light source. The pupil will respond to felt emotion. Trained actors know how to
cry, they think of something in their life that was typically sad, and they focus on that
emotion. Trying to cry at proper times and equally trying to hold back tears could be a
sign of deception.
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
h. Face - People believe that lies will commonly show up in the face and eyes. The
face can have two messages: what the liar is trying to show as well as what he or she
is trying to hide. Reddening or blushing of the face is supposed to be a sign of
embarrassment and cannot be controlled. Such indicators may indicate strong
emotion and is not reliable sign of deception.

OTHER SCIENTIFIC METHODS OF DETECTING DECEPTION

A. Use of Word Association Test

The examiner prepares a list of stimulus and non-stimulus words that is to be read to
the subject. The answers to the questions could be a "yes" or "no". The subject should
answer the questions as quickly as possible. In this test, the time interval between the
words uttered by the examiner and the answer of the subjects is recorded. This
procedure is not being observed in the lie detector test. The test is not concerned with
the answer, be it "yes" or "no". The important factor is the time of response in relation
to stimulus or non-stimulus words.

The subject has the tendency to answer immediately when the questions being asked
are not related to the subject matter of the investigation such as his name, address,
civil status, etc. But once that the questions contain some words that has something
to do with the subject matter of the investigation like instruments used in the killing
(gun, bolo, piece of wood), tendency is the subject takes time to answer. The
examiner cannot compel the subject to the test without his consent.

B. The Use of Psychological Stress Evaluator (PSE)

Allen D. Bell Jr. and Charles R. Mc Quiston, Army intelligence officers at the time,
developed what they called the Psychological Stress Evaluator (PSE) in 1970. Its
purpose was "to detect levels of significant emotional stress from human voiced
utterances," as Bell put it. Like the polygraph, it measures physiological
manifestations of psychological stress. Both need a procedure to differentiate
between stress caused by lying and stress caused for any other reason.

Unlike the polygraph, the PSE signal-processes the raw input of a voice. Vocalization
can be voiced in person, recorded and played back, or taken off the radio or
television. Yes, it's possible to stress analyze a voice without the subject being
present or even knowing about it. But not all lies are the same. The key to a
successful examination is the subject's level of "jeopardy." Examiner Arthur Herring II
explained, "The only lies the machine can detect are those that produce sufficient,
measurable stress."

The psychological stress evaluator (PSE) is a machine that detects, measures and
graphically displays the voice modulations that we cannot hear.

There are audible voice frequencies, when a person speaks, and superimposed on this
are the inaudible frequency modulations. These are product of minute oscillations of
the muscles of the voice mechanism. Such oscillations of the muscles are micro
tremor occur at the rate of 8 to 14 cycles per second and controlled by central
nervous system.
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
The micro tremor in the voice utterance is moderately or completely suppressed,
when a person is lying or he is under pressure or stress. The degree of suppression
changes inversely to the degree of psychological stress in the speaker.

When a person is relaxed and respond honestly to the question, those inaudible
frequencies are registered clearly on the instrument. But when a person is under
stress, as when he is lying, these frequencies tend to disappear.

Procedure
a. The examiner will meet the requesting party to determine the definite purpose of
the examination and to start with the formulation of relevant questions.
b. The examiner conducts a pre-test interview with the subject to help him feel at
ease, give a chance to specify matters, eliminate those issues which are not related to
the subject matter of the investigation and to review questions that will be asked.
c. The oral test is composed of about 12 to 15 "yes" or "no" questions, which is a
combination of relevant and irrelevant questions. This is to be recorded on a tape
recorder.
d. The tape is processed through the PSE for analysis of the answers just right after
the test or at a later time:

e. The subject is given opportunity to provide additional clarification, if there is an

indication that he was under stress when the test was conducted. The examiner can
give a re-test to verify correction and clarification.

Advantages of Psychological Stress Evaluator over the Lie Detector

Machine:
a. The PSE does not require the attachment of sensors to the person being examined;
b. The PSE testing situation need not be carefully prohibited to eliminate outside
distraction; and
c. Normal body movement is not controlled. In other words, the subject is allowed to
move.

C. ADMINISTRATION OF TRUTH SERUM

The use of truth serum was introduced by Dr. Edward Mandel House a U.S. Physicist
and Diplomat. The administration of truth serum does not make the subject tell the
truth and the thing administered is not a serum but is actually a drug. That is why the
term "truth serum" is an incorrect term to use.
Hysocine hydrobromide is the drug that is being administered to the subject
hypodermically in repetitive doses until a state of delirium is bring on. When the
proper point is attained, the examiner will ask the questions and because of the drug,
the subject feels an obligation to answer the questions truthfully, forgets his alibi, and
may even give information of his acts or even involve others to the crime.

The drug acts as depressant on the nervous system. Clinical evidence indicates that
various segment of the brain particularly the cortex and the diencephalons are
selectively depressed in the reversed order of their evolutionary development.

Because of the danger of using this kind of drug, the administration of this should not
be attempted except by a physician who has had experienced in using the drug.
Scopolamine may sometime cause psychotic reactions.
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela

Statements taken from the subject while under the influence of truth serum
evolutionarily obtained hence, they are not admissible as evidence. Because

of the potential risk involved in the application of the procedure, it is seldom used by
law enforcement agencies.

D. NARCOANALYSIS OR NARCOSYNTHESIS
This method of detecting deception is almost the same as that of administration of
truth serum. The only difference is that in this method Psychiatric Sodium amytal or
sodium penthotal is administered to the subject. It is claimed that the drug causes
depression of the inhibitory mechanism of the brain and the subject talks freely.
Questioning starts when the effects appear. A psychiatrist must do the administration
of the drug and subsequent interrogation with a long experience on the line. Like the
administration of truth serum, the result of the test is not admissible in court.

E. INTOXICATION WITH ALCOHOL

The apparent stimulation effect of alcohol is really the result of control mechanism of
the brain, so alcohol, like the truth serum, and narcoanalytic drugs "inhibit the
inhibitor".

The ability of alcohol to reveal the person behind the mask which of all of us are said
to wear (mask of sanity) is reflected in the age-old maxim "In vino veritas" (in wine
there is truth).

The person whose statement is to be taken is allowed to take alcoholic beverages

until such time that he is already intoxicated. With the condition of the subject, his
power to control decreases, and because of this the investigator can starts asking
questions and at the same time recording answers.

The questioning must start during the excitatory state when the subject has the
sensation of well-being and when his action, speech and emotion are less strained due
to the lowering of the inhibition normally exercised by the higher brain centers. When
the subject is already in the depressive state due the effect of the alcohol, he can no
longer be able to answer any question.

Whatever confessions made by the subject while under the influence of alcohol may
be admissible if he is physically capable to recollect the facts that he has uttered after
the effects of alcohol have disappeared. But in most instances, the subject cannot
recall everything that he had mentioned or he may refuse to admit the truth of the
statement given.

F. HYPNOSIS
Anton Mesmer in 1778 introduced hypnotism as a method of detecting deception.
Hypnosis is a fantastic condition that may be psychically induced by another person,
characterized by loss of consciousness and a greater or lesser degree of
responsiveness to the suggestions of the hypnotist. It is the alteration of
consciousness and concentration in which the subject manifests a heightened
suggestibility while awareness is maintained.
 Republic of the Philippines
Isabela State University
College of Criminal Justice Education
Cauayan City, Isabela
Not all persons are susceptible to hypnotic induction. Subject who are compulsive-
depressive type, strong-willed like lawyers, accountants, physicians and other
professionals: s are usually non-hypnotizable.

Detection of deception obtained through hypnosis is not admissible in court due to the
following reasons:

1. It lacks the general scientific acceptance of the reliability of hypnosis per se in

ascertaining the truth from falsity;
2. The fear that the tier of fact will give uncritical and absolute reliability to a scientific
device without consideration of its flaw in ascertaining veracity.
3. The possibility that the hypnotized subject will fabricate;
4. The prospect that the state of heightened suggestibility in which the hypnotized
subject is suspended will produced distortion of the fact rather than the truth; and
5. The state of the mind, skill and professionalism of the examiner are too subjective
to permit admissibility of the expert testimony.

Confession while under hypnotic spell is not admissible as evidence because such
"psychiatric treatment" is involuntary and mentally coercive.