The judicial biodetection of simulated behavior. The polygraph (II) Cover Image
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Biodetecłia judiciară a comportamentului simulat. poligraful (ii)
The judicial biodetection of simulated behavior. The polygraph (II)

Author(s): Ioana Poiana
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: polygraph; judicial biodetection; positive and negative terms of use of the polygraph; procedure of use; preparation; usage of the polygraph, interpretation of the diagrams

Summary/Abstract: The aim of this article is to describe the proper use of the polygraph and the stages that a specialist has to pass in order to guarantee that the principle of finding the truth is followed. The first part of the paper deals with the terms of use of the polygraph. These terms can be positive or imperative and negative or prohibitive. The positive terms take into consideration the expert, the room, the subject, and two principles. The expert has to be well informed about all the aspects of the case. The room has to be ideal for the examination. The subject has to be medically able to take the test and to give his written consent to be submitted to the polygraph. The last term guarantees the respect of the principle of presumption of innocence till proven guilty and the right to a defence. The negative terms prohibit the expert to use topics that have a discriminating character while testing. They also do not allow submitting the subject to long investigations before the lie testing is done. The second part of the paper analyses the process of testing the subject’s emotional status using the polygraph. This procedure is done in three stages that have to be followed, namely: the preparation of the testing, the testing itself and the interpretation of the diagrams. The stages of the polygraph test have a lot of common characteristics with the technique of listening to the crime suspect. All these stages have great importance and are interdependent.

  • Issue Year: 2009
  • Issue No: 02
  • Page Range: 246-263
  • Page Count: 18
  • Language: Romanian
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