POLYGRAPH IN CRIMINAL PROCEEDINGS: PROSPECTS OF USE

Anatoliy VOLOBUYEV
D.Sc. in Law, Professor (Donetsk State University of Internal Affairs), Ukraine
ORCID iD: orcid.org/0000-0001-9419-7446
vaf26@ukr.net.

Tetyana ORLOVA
Candidate of Juridical Sciences, Associate Professor (Kharkiv National University of Internal Affairs), Ukraine
ORCID iD: orcid.org/0000-0002-7635-1160
t.a.orlova@ukr.net

UDС: 343.13; 343.982

DOI: 10.31733/2786-491X-2021-2-9-116-122

Keywords: criminal proceedings, polygraph, psychological examination, polling

Abstract. The problematic issues of using a polygraph in criminal proceedings, which are relevant for many countries, are considered. Based on the analysis of judicial practice and publications of recent years, including foreign ones, the solution of the following issues is proposed: what should be the form of application of polygraph in criminal proceedings (definition of investigative action); what is the basis for the use of a polygraph in criminal proceedings; who can be the direct authorized subject of the polygraph application; what should be the method of using a polygraph in criminal proceedings. Attention is drawn to the importance of resolving these issues for investigative and judicial practice in accordance with the laws of a country.

It is noted that the use of a polygraph requires the use of special knowledge in the field of psychology. Therefore, the use of a polygraph in criminal proceedings is possible only during the psychological examination of a person in order to obtain indicative information to solve the tasks set by the initiator of the examination. It is substantiated that the basis for the use of a polygraph is the nature of the tasks of the initiator of the examination in the absence of medical contraindications in the subject, as well as his written consent to the survey using a polygraph. Only a psychologist with a polygraph operator as a technical assistant can be the subject of the polygraph application and evaluation of the test results. The method of con-ducting a human study using a polygraph expert determines independently, based on the tasks formulated by the initiator of the examination.

It is noted that a separate study requires the preparation of a criminal psychological examination using a polygraph, defining its tasks, methods of conducting and evaluating its results. The solution of these problems in different countries will depend on the specifics of national legislation.

References

  1. Katwala, A. (2020). Lie detectors are creeping into UK policing and they still don’t work, https://www.wired.co.uk/article/.
  2. Azarova, N. (2016). Polygraph: a review of modern US methods. part 1. Algorithms for the formation of standardized tests. Moscow: University Book, 198. (in Russian).
  3. Can evidence of a polygraph test be used in court? (2016). Provincial Court of British Columbia, https://www.provincialcourt.bc.ca/.
  4. Can You Say No to a Lie Detector Test in Singapore? And Other FAQs (2018). Singapore legal advice, https://singaporelegaladvice.com/.
  5. Dufenyuk, O., & Kuntiy, A. (2016) Judicial practice of evaluating the results of the use of a polygraph at the stage of pre-trial investigation. Juridical scientific and electronic journal, 2, 123-125, http://www.lsej.org.ua/2_2016/36.pdf. (in Ukrainian).
  6. Wood, J., Alleyne, E., Ciardha, C. & Gannon, A. (2019). An Evaluation of Polygraph Testing by Police to Manage Individuals Convicted or Suspected of Sexual Offending, https://www.kent.ac.uk/school-of-psychology/downloads/.
  7. Montezinos, J. (2010). Use of Polygraph in Law Enforcement Internal Affairs Investigations. Polygraph, 39(3), 127-138, https://www.ojp.gov/ncjrs/virtual-library/abstracts/.
  8. Synnott, J., Dietzel, D. & Ioannou, M. (2015). A review of the polygraph: history, methodology and current status. Crime Psychology Review Volume, 1(1), https://www.tandfonline.com/doi/full/.
  9. Stromberg, J. (2014). Lie detectors: Why they don’t work, and why police use them anyway, https://www.vox.com/2014/8/14/5999119/.
  10. Karpyuk, G. (2012). The human factor: saving and deadly. In the name of the law, 41(5843), 10-13 (in Ukrainian).
  11. Graham, M., Wragg, N., & O’Donnell, R. (2021). Lie Detector Polygraph Testing for Sex Offenders, https://www.stoneking.co.uk/.
  12. Motlyakh, O. (2015). Some problems of psychophysiological examination with the use of a polygraph and II results in criminal proceedings. Current issues of theory and practice of using a polygraph: a collection of articles (30-37). Kyiv. (in Ukrainian).
  13. Miller, O. (2020). Sex offenders reveal more risk-relevant disclosures through polygraph testing, https://www.kent.ac.uk/news/society/24698/.
  14. On forensic examination: Law of Ukraine 4038-XII of 25.02.1994 (with subsequent changes as of 17.08.2021), https://zakon.rada.gov.ua/laws/show/4038-12. (in Ukrainian).
  15. On the amendment to the order of the Ministry of Justice of Ukraine of 08.10.1998, 53/5. Order of the Ministry of Justice of Ukraine of 27.07.2015, 1350/5, https://zakon.rada.gov.ua/laws/show/z0915-15. (in Ukrainian).
  16. Orlov, Yu. (2014). Used polygraph during pre-trial humanity. Scientific Bulletin of the National Academy of Internal Affairs, 4, 172-186. (in Ukrainian).
  17. Bowcott, O. (2020). Lie detectors should be used to monitor sex offenders, UK study says, https://www.theguardian.com/uk-news/2020/mar/18/.
  18. Pirig, I., Kaiko, V., & Vardanyaan, L. (2018). Possibilities of using scientific and technical principles in interrogation. Scientific Bulletin of Dnepropetrovsk State University of Internal Affairs, 3, 126-131. (in Ukrainian).
  19. Psychophysiological methods ofresearch and examination using a polygraph: the curriculum of the refresher course of the Faculty of Psychology and Social Work (2019). Odessa: Odessa National University named after I. Mechnikov, http://onu.edu.ua/pub/bank/userfiles/files/.
  20. The Polygraph and Lie Detection. (2003). Washington, DC: National Academy of Sciences. https://doi.org/10.17226/10420.
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