latst methods on forensic science by sharada avadhanam

sharada avadhanam
Welcome
To
A Talk on Scientific Methods Of Interrogation in Extracting Truth from Suspects
introduction to lying concealing deception of information

PSYCHOPHYSIOLOGY ASSOCIATED WITH DECEPTION:

IN ENDEAVORING TO CONCEAL THE TRUTH, HAVE WE NOT ON OCCASIONS FELT;
(i) INCREASE IN THE HEART BEAT
(ii) THE RUSH OF BLOOD TO THE FACE
(iii) LOOKING SIDEWAYS
(iv) A FAILURE TO LOOK THE INQUIRER “STRAIGHT INTO THE EYES”
(v) A PECULIAR MONOTONE OF THE VOICE, A “FORCED LAUGH”
(vi) INCREASED SWEATING ON THE EXTREMITIES AND MANY MORE.

HAVE WE NOT ALSO EXPERIENCED A SIGH OF RELIEF --- ORDINARILY MANIFESTED BY HEAVIER BREATHING --- AFTER THE LIE HAS BEEN TOLD WITH APPARENT SUCCESS.
FEAR AND THE NERVOUS SYSTEM:
SYMPATHETIC NERVOUS SYSTEM: PREPARES FOR THE FLIGHT, FIGHT OR FREEZE, BY CAUSING THE ADRENAL GLANDS TO SECRETE THE HORMONES EPINEPHNRINE AND NOR EPINEPHRINE.
AMYGDALA: THE FEAR AND EMOTIONAL MEMORY IS ASSOCIATED TO THIS KEY STRUCTURE CALLED THE AMYGDALA. IT CONTROLS THE HEART RATE, SWEATING OF THE PALMS AND BEHAVIOURS LIKE F3.

METHODS TO DETECT THE PSYCHOPHYSIOLOGICAL DETECTION OF DECEPTION:
THE POLYGRAPH OR THE LIE-DETECTOR TEST
BRAIN FINGERPRINTING OR THE P300 TEST
NARCO-ANALYSIS OR THE TRUTH SERUM TEST
VOICE STRESS ANALYSER
FUNCTIONAL MRI (f-MRI)
THERMAL IMAGING
Theory of Polygraph Test

Psychological Set Theory
The psychological set theory holds that when a person being examined fears punishment or anticipates serious consequences should he or she fail to deceive, such fear or anticipation produces a measurable physiological reaction (e.g., elevation of pulse, respiration, or blood pressure, or electro dermal activity) if the person answers deceptively.

Conflict Theory
According to the theory of conflict , two incompatible reaction tendencies aroused at the same time produce a large physiological reaction that is greater than the reaction to either alone.

Conditioned Response Theory
The conditioned response theory holds that the relevant questions play the role of conditioned stimuli and evoke in deceptive individuals an emotional (and concomitant physiological) response with which lying has been associated.


Polygraph
THE INSTRUMENT, THE TEST, AND THE EXAMINATION
The polygraph instrument comprises of:

Pneumatic belts (positioned around the upper chest and abdomen),
Sphygmomanometer cuff (placed on the subjects arm), and
Electrodes (attached to the fingertips).

The polygraph examination includes a series of questions to which the subject responds, and these physiological responses are scored.

Polygraph testing involves:

The pretest interview,
Recording the changes in physiological measurements like respiration, heart rate, blood pressure, and electrodermal response.
The post test interview


LAFAYETTE POLYGRAPH 1945

The Polygraph examination Polygraph Chart

BRAIN FINGERPRINTING
Brain Fingerprinting Testing
IT’S A SCIENTIFIC TECHNIQUE TO DETERMINE WHETHER OR NOT SPECIFIC INFORMATION IS STORED IN AN INDIVIDUALS BRAIN.

THEORY:
BRAIN IS AN ELECTRICAL SYSTEM
THINKING,IMAGINATION, RECOGNITION, SENSING, FEELING, ETC PRODUCES CHANGES IN YOUR BRAIN’ S ELECTRICAL ACTIVITY (COMMUNICATION OF THE NEURONS).
THE ELECTRICAL ACTIVITY IS STUDIED IN THE FORM OF ELECTROENCEPHALOGRAPHY EVENT RELATED POTENTIALS (EEG-ERP) WHICH IN SHORT ARE REFERRED AS BRAINWAVES.
BRAINWAVES REFLECT MEMORY. BRAINWAVES LOOK DIFFERENT FOR A FAMILIAR IMAGE Vs UNFAMILIAR IMAGE.

WHICH BRAINWAVE IS INVOLVED
THE SYSTEM USES THE ERP P300.
P300 IS THE MOST THOROUGHLY STUDIED BRAINWAVES IN LITERATURE.
ERP’s’ ARE NAMED ACCORDING TO WHETHER THEY ARE POSITIVE OR NEGATIVE CHANGE IN VOLTAGE(EITHER POR N),FOLLOWED BY THE DELAY BETWEEN WHEN THE STIMULUS IS PRESENTED AND THE PEAK OF THE RESULTING BRAINWAVE.



P300: IT’S A POSITIVE SHIFT IN VOLTAGE WHICH TYPICALLY PEAKS 300MS AFTER AN IMAGE IS PRESENTED.

WHAT IS INVOLVED IN SETTING UP A BRAIN FINGERPRINTING TEST

UTILIZING INFORMATION GATHERED FROM THE INVESTIGATIONS.
E.g. ENTRY AND EXIT POINTS
WHAT TYPE OF WEAPON
INJURIES INFLICTED
MINUTE DETAILS AT THE CRIME SCENE ETC.
FROM THIS INFORMATION THE ACTUAL TEST IS CONDUCTED WHICH INCLUDES TARGETS,PROBES AND IRRELEVANT STIMULI.

WHAT CONSTITUES PROBES, TARGETS, IRRELEVANT STIMULI

IRRELEVANT STIMULI: INFORMATION THAT HAS NOTHING TO DO WITH THE CRIME
TARGET STIMULI: INFORMATION KNOWN TO THE SUSPECT ABOUT THIS CRIME
PROBE: INFORMATION RELEVANT TO THE CRIME THAT THE SUSPECT CLAIMS TO HAVE NO KNOWLEDGE OF.


WHAT DOES THE BRAIN FINGERPRINTING TEST DETERMINE
THE TEST DETERMINES SCIENTIFICALLY WHETHER OR NOT SPECIFIC INFORMATION IS STORED IN THE BRAIN.

WHAT IS THE DIFFERENCE BETWEEN POLYGRAPHY AND BRAIN FINGERPRINTING

POLYGRAPH IS A LIE DETECTION DEVICE. IT DETECTS DECEPTION IN RESPONSE TO PROBING QUESTIONS, BY MEASURING THE PSYCHOPHYSIOLOGICAL CHANGES WITHIN THE BODY. THE POLYGRAPH MEASURES THE EMOTION DRIVEN AUTONOMIC RESPONSES.

BRAIN FINGERPRINTING, IN CONTRAST ALLOWS AN INVESTIGATOR TO DETERMINE WHETHER CERTAIN SPECIFIC INFORMATION IS STORED IN AN INDIVIDUALS BRAIN. IT CANNOT BE USED IN CASES WHERE THE INVESTIGATOR HAS TO KNOWLEDGE ABOUT THE PROBE STIMULI.


NARCO-ANALYSIS OR THE TRUTH SERUM

THIS IS A DRUG INDUCED HYPNOSIS
SODIUM PENTATHOL / SODIUM AMITAL ARE USED TO BRING THE SUBJECT INTO HYPNOTIC TRANCE STAGE
THIS TEST IS CONDUCTED BY A TEAM OF PERSONS;

STAGES INVOLVED:

THE AWAKE STAGE
THE HYPNOTIC STAGE --- REQUIRED FOR THE PROBING
DREAMS
ANAESTHETIC STAGE

THE ASSUMPTION IS THAT UNDER THE 2ND STAGE THE INHIBITIONS ARE NOT SEEN. IT CAUSES WEEKEND DEFENCE MECHANISMS WHICH ALLOWS THE INVESTIGATING OFFICER TO EXTRACT MAXIMUM INFORMATION ABOUT THE CRIME UNDER EXAMINATION.
THE TEST HAS TO BE ADMINISTERED IN AN OPERATION THEATRE WHICH IS FULLY EQUIPED WITH ALL THE MAJOR EQUIPMENTS NECESSARY FOR CONDUCTING A MAJOR SURGERY.
THE WHOLE PROCESS IS VIDEOGRAPHED


NATIONAL HUMAN RIGHTS COMMISSION GUIDELINES RELATING TO THE ADMINISTRATION OF THE LIE DETECTION TESTS

NO LIE DETECTOR TESTS SHOULD BE ADMINISTERED EXCEPT ON THE BASIS OF THE CONSENT OF THE ACCUSED. AN OPTION SHOULD BE GIVEN TO THE ACCUSED WHETHER HE WISHES TO AVAIL SUCH TEST.
IF THE ACCUSED VOLUNTEERS FOR A LIE DETECTOR TEST HE SHOULD BE GIVEN ACCESS TO A LAWYER AND THE PHYSICAL, EMOTIONAL AND LEGAL IMPLICATION OF SUCH A TEST SHOULD BE EXPLAINED TO HIM BY THE POLICE AND HIS LAWYER.
THE CONSENT SHOULD BE RECORED BEFORE A JUDICIAL MAGISTRATE.
DURING THE HEARING BEFORE THE MAGISTRATE THE PERSON ALLEGED TO HAVE AGREED SHOULD BE DULY REPRESENTED BY A LAWYER.
AT THE HEARING, THE PERSON IN QUESTION SHOULD ALSO BE TOLD IN CLEAR TERMS THAT THE STATEMENT THAT IS MADE SHALL NOT BE A CONFESSIONAL STATEMENT TO THE MAGISTRATE BUT WILL HAVE THE STATUS OF A STATEMENT MADE TO THE POLICE.
THE MAGISTRATE SHALL CONSIDER ALL THE FACTORS RELATING TO THE DETENTION INCLUDING THE LENGTH OF DETENTION AND THE NATURE OF THE INTERROGATION.
THE ACTUAL RECORDING OF THE LIE DETECTOR TEST SHALL BE DONE IN AN INDEPENDENT AGENCY SUCH AS A HOSPITAL AND CONDUCTED IN THE PRESENCE OF A LAWYER.
A FULL MEDICAL AND FACTUAL NARRATION OF MANNER OF THE INFORMATION RECEIVED MUST BE TAKEN ON RECORD.

BOMBAY HIGH COURt criminal PETITION:
RAMCHANDRA RAM REDDY AND OTHERS VS STATE OF MAHARASTRA/JUDGMENT PRONUNCED BY JUSTICE PALSHIKAR OF BOMBAY HIGH COURT oFENCES: OFFENES UNDER IPC AND THOSE CONTAINED IN THE MAHARASTRA CONTROL OF ORGANISED CRIMES ACT (MCOCA)CONTENTION OF THE PETITIONERS:
administration of THESE TESTS (POLYGRAPH, BRAINFINGERPRINTING, NARCO-ANALYSIS) WOULD VIOLATE THE FUNDAMENTAL RIGHT GUARANTEED BY THE ARTICLE 20 (3) OF THE CONSTITUTION OF INDIA.

ALL THESE TESTS INVOLVE EITHER CONTACT WITH THE BODY OR INVASION OF THE BODY, THEREFORE THERE IS ELEMENT OF USER OF BODY. IF IT IS COMPULSORY, IT WOULD VIOLATE THE PROTECTION GIVEN UNDER ARTICLE 20 (3).
THESE TESTS COMPEL THE PERSONS TO BE WITNESSES AGAINST THEMSELVES.

ARTICLE 20:

CLAUSE 1: PROTECTS IN RESPECT OF CONVICTION FOR OFFENCES.
CLAUSE 2: PROTECTS A PERSON FROM BEING PROSECUTED AND PUNISHED FOR THE SAME OFFENCE MORE THAN ONCE.
CLAUSE 3: PROTECTS A PERSON OR ACCUSED FROM BEING COMPELLED TO BE A wITNESS AGAINST HIM.

IN REGARD TO THE CONTENTION:

THE PROTECTION GUARANTEED BY THE CLAUSE (3) OF THE ARTICLE 20 BEGINS WHEN THE COMPULSION IS USED OR THE ACCUSED IS COMPELLED TO BE A WITNESS AGAINST HIMSELF. AS LONG AS HE IS NOT COMPELLED TO BE A WITNESS, AS LONG AS THE STATEMENT SOUGHT FROM THE WITNESS OR THE ACCUSED IS NOT BEING USED AGAINST THE WITNESS THE PROTECTION GIVEN BY CLAUSE (3) CANNOT BE AND DOES NOT COMMENCE.

THE COURT ALSO ANALYSED AS TO WHETHER THE RESULTS OF THESE TESTS ARE THE STATEMENTS OR TESTIMONY. AND WHETHER THESE STATEMENTS OR TESTIMONIES ARE COMPELLED FROM THE WITNESS AND IF SO COMPELLED AT WHAT STAGE USE THEREOF HAS TO BE STOPPED.

COURT ALSO LOOKED INTO THE FACT “WHAT IS THE PROTECTION IN CLAUSE 3:
(i) WHETHER IT WAS PROTECTION AGAINST COMPULSION TO ADMINISTER A TEST OR
(ii) WHETHER IT WAS PROTECTION AGAINST MAKING A STATEMENT OR
(iii) WHETHER IS IT PROTECTION AGAINST USER OF THE STATEMENT AS EVIDENCE.

WHAT IS BEING GRANTED AS PROTECTION IS FROM TESTIMONIAL COMPULSION. THAT IS THE STATEMENT MADE BY THE ACCUSED AGAINST HIMSELF.

FOR ARTICLE 20 (3) TO BE INVOKED A STATEMENT MUST BE COMPULSORILY MADE BY THE ACCUSED.

COURT HAS ALSO DEFINED THE TERMS STATEMENT AND TESTIMONY.

final conclusion:

COURT FINALLY CONCLUDED THAT THE END RESULT OF THIS TEST IS NOT THE STATEMENT MADE BY THE WITNESS. AT THE MOST IT CAN BE CALLED THE INFORMATION RECEIVED OR TAKEN OUT FROM THE WITNESS. IN OUR OPINION ADMINISTRATION OF THESE TESTS AGAINST THE WILL OF THE PERSON TO WHOM IT IS SOUGHT TO BE ADMINISTERED DOES NOT VIOLATE THE GUARANTEE OF ARTICLE 20(3) OF THE CONTITUTION OF INDIA.