The Impact of Beliefs Concerning Deception on Perceptions of Nonverbal Behavior: Implications for Neuro-Linguistic Programming-Based Lie Detection

Regularly employed in a forensic context, the Neuro-Linguistic Programming (NLP) model purports that the behavioral distinction between somebody who is remembering information and somebody who is constructing information lies in the direction of their eye movements. This strategy reflects numerous current approaches to lie detection, which presume that nonverbal behavior influences perceptions and judgments about deception. The present study emphasized a reverse order by investigating whether beliefs that an individual is deceptive influence perceptions of the respective individual’s nonverbal behavior as indicated by observed eye movement patterns. Sixty participants were randomly assigned to either a group informed that right eye movements indicate constructed and thus deceptive information or a group informed that left eye movements indicate constructed and thus deceptive information. Each participant viewed six investigative interviews depicting the eye movement patterns of mock suspects labeled as deceptive or truthful. The interviews were structured according to different right/left eye movement ratios. Results revealed that participants reportedly observed the deceptive suspects displaying significantly more eye movements in the direction allegedly indicative of deception than did the truthful suspects. This result occurred despite the fact that the actual eye movement ratios in both deceptive/truthful sets of interviews were identical and the eye movements were predominantly in the opposite direction of that allegedly indicative of deception. The results are discussed in the context of encoding-based cognitive-processing theories. Limitations on the generality of the results are emphasized and the applicability (or lack thereof) of NLP-based lie detection in forensic contexts is discussed.     

A non-standard method for estimating accuracy of lie detection techniques demonstrated on a self-validating set of field polygraph examinations

Abstract

A unique method for estimating field accuracy of the Comparison Question Test (CQT) – a polygraph technique – is presented, based on a combined probabilistic and algebraic model. It is built on paired examinations in criminal cases in which two opposing versions per case have been subjected to polygraph tests. The developed model is ground-truth free, thus there was no need to rely on external criteria of deception (e.g., confessions or physical evidence) in estimating the accuracy of the CQT. Results indicate an accuracy rate of 0.94 in detecting guilty examinees (Sensitivity) with a 0.06 False Negative rate and an accuracy rate of 0.835 (Specificity) with False Positive of 0.165 for the innocents. These figures excluded 20% of the cases that were ruled inconclusive. When no inconclusive calls were allowed, the accuracy rate dropped down to 0.8 with 0.2 error rates for both the guilty and the innocent examinees. The importance of this research stems from its being a field study that due to the unique methodology was not subjected to weaknesses usually found in polygraph field validity studies. This method is applicable to other techniques of deception detection and with some necessary adaptations may be also to eyewitness situations.     

A “weapon focus” effect in children

In this paper we examined beliefs about deception held by legal professionals. Three groups of presumed expert lie-catchers were investigated: police officers ( n =104), prosecutors ( n =158), and judges ( n =251). The experts' beliefs about deception were remarkably inconsistent with the general pattern resulting from studies mapping actual cues to deception. For example, a majority of police officers believed there is a strong relationship between (a) deceptive behaviour and gaze aversion and (b) deceptive behaviour and an increase in body movements. The scientific literature does not support this view. Furthermore, all three professional groups believed that truthful consecutive statements are more consistent than deceptive, and that it is easier to detect deception in interactive than non-interactive contexts. Research on deception shows the opposite. For five of the seven investigated items we found significant between-group differences. Both the genesis and the implications of these differences are discussed. Judging from self-ratings, the presumed experts admitted knowing close to nothing about scientific research on deception.     

The Accuracy of Auditors' and Layered Voice Analysis (LVA) Operators' Judgments of Truth and Deception During Police Questioning*

The purpose of this study was to determine if auditors could identify truthful and deceptive persons in a sample (n = 74) of audio recordings used to assess the effectiveness of layered voice analysis (LVA). The LVA employs an automated algorithm to detect deception, but it was not effective here. There were 31 truthful and 43 deceptive persons in the sample and two LVA operators averaged 48% correct decisions on truth‐tellers and 25% on deceivers. Subsequent to the LVA analysis the recordings were audited by three interviewers, each independently rendering a decision of truthful or deceptive and indicating their confidence. Auditors' judgments averaged 68% correct decisions on truth‐tellers and 71% on deceivers. Auditors' detection rates, generally, exceeded chance and there was significantly (p < 0.05) greater confidence on correct than incorrect judgments of deceivers but not on truth‐tellers. These results suggest that the success reported for LVA analysis may be due to operator's judgment.     

Using Named Entities for Computer‐Automated Verbal Deception Detection

There is an increasing demand for automated verbal deception detection systems. We propose named entity recognition (NER; i.e., the automatic identification and extraction of information from text) to model three established theoretical principles: (i) truth tellers provide accounts that are richer in detail, (ii) contain more contextual references (specific persons, locations, and times), and (iii) deceivers tend to withhold potentially checkable information. We test whether NER captures these theoretical concepts and can automatically identify truthful versus deceptive hotel reviews. We extracted the proportion of named entities with two NER tools (spaCy and Stanford's NER) and compared the discriminative ability to a lexicon word count approach (LIWC) and a measure of sentence specificity (speciteller). Named entities discriminated truthful from deceptive hotel reviews above chance level, and outperformed the lexicon approach and sentence specificity. This investigation suggests that named entities may be a useful addition to existing automated verbal deception detection approaches.     

Meta-analysis of mock crime studies of the control question polygraph technique

A review of results obtained from standard guilty and innocent treatment conditions in 14 mock crime studies of the control question polygraph technique revealed accuracies ranging from chance to 100% correct. The present study examined several factors that may have contributed to the observed variability in detection rates across studies. Those included sampling error, differences in the populations from which subjects were drawn (Subjects), differences in the nature of incentives provided to subjects for passing the polygraph test (Incentives), and differences in the methods for diagnosing truth or deception (Decision Policy). A meta-analysis revealed that approximately 24% of the variance in detection rates could be attributed to sampling error, and detection rates were correlated with types of Subjects (r=.61). Incentives (r=.73), and Decision Policies (r=.67). The highest diagnostic accuracies were obtained from nonstudent subject samples, when both guilty and innocent subjects were offered monetary incentives to convince the examiner of their innocence, and when conventional field methods were used for interpreting the physiological recordings and diagnosing truth and deception. Together, differences in Subjects, Incentives, and Decision Policies may account for as much as 65% of the observed variance in detection rates. The present findings highlight the importance of conducting mock crime experiments that closely approximate field conditions.     

Detection of deception in law enforcement applicants

Using the MMPI and the IPI, the present study examined the differences in psychometric defensiveness between two groups of law enforcement applicants: applicants identified as being deceptive and a comparison group of candidates for whom no deception was indicated. Significant differences were found on the traditional validity (minimization) scales for both instruments as well as several supplemental scales and indexes from the MMPI. A new index (Es-K) from the MMPI showed a highly significant difference between groups and good classification accuracy. The results suggest that deceptive applicants show more defensiveness on psychometric testing and that test results may assist in raising the index of suspicion for detecting deception in law enforcement applicants.     

Using psychology to control law

Legal decision makers often fail to make use of relevant psychological research. In two areas, deceptive advertising and criminal sentencing, legal decision makershave welcomed social science research. In each, the research provided has been substantially flawed. Using a commercial that several courts evaluated for deception, I illustrate how the typical study that purports to measure deception produces results that are unnecessarily ambibuous. Then, based on research that looks closely at public responses to criminal cases, I show that the frequently cited survey measures of public preference reflect sentencing preferences for unrepresentative stereotypic criminal offenders. The weaknesses demonstated in these examples suggest that psychologists can present legal decision makers with a more accurate picture of human perceptions and preferences. If researchers present legal decision makers with informative research when the relevance of research is acknowledged, legal decision makers are likely to become more receptive and more knowledgeable when a new question warrants the application of social science evidence.An earlier version of this paper was delivered as the presidential address for Division 41, the American Psychology—Law Society, at the 1988 American Psychological Association meetings in Atlanta, Georgia.     

Will get fooled again: Emotionally intelligent people are easily duped by high‐stakes deceivers

Purpose. There is major disagreement about the existence of individual differences in deception detection or naturally gifted detection ‘wizards’ (see O'Sullivan & Ekman, 2004 vs. Bond & Uysal, 2007 ). This study aimed to elucidate the role of a specific, and seemingly relevant individual difference – emotional intelligence (EI) and its subcomponents – in detecting high‐stakes, emotional deception. Methods. Participants (N= 116) viewed a sample of 20 international videos of individuals emotionally pleading for the safe return of their missing family member, half of whom were responsible for the missing person's disappearance/murder. Participants judged whether the pleas were honest or deceptive, provided confidence ratings, reported the cues they utilized, and rated their emotional response to each plea. Results. EI was associated with overconfidence in assessing the sincerity of the pleas and greater self‐reported sympathetic feelings to deceptive targets (enhanced gullibility). Although total EI was not associated with discrimination of truths and lies, the ability to perceive and express emotion (a component of EI), specifically, was negatively related to detecting deceptive targets (lower sensitivity [d′]). Combined, these patterns contributed negatively to the ability to spot emotional lies. Conclusions. These findings collectively suggest that features of EI, and subsequent decision‐making processes, paradoxically may impair one's ability to detect deceit.     

Detecting deception in suspects: verbal cues as a function of interview strategy

Research on deception has consistently shown that people are poor at detecting deception, partly due to lack of consistent cues to deception. This research focuses on eliciting verbal cues to deception when questioning suspects who deny crime and how such cues differ due to type of questioning. An experiment examined verbal differences between innocent and guilty mock suspects (N=96) as a function of veracity and interview style (Free recall, Probes, or Free recall plus Probes). Guilty (vs innocent) suspects omitted more crime-relevant information and their statements were more likely to contradict the evidence, showing that statement–evidence inconsistency was a cue to deception. This cue to deception was more pronounced when the interview contained probes. Lie-catchers (N=192) obtained an accuracy rate higher than chance (61.5%) for detecting deceptive denials. Implications for further research on verbal cues to deception are discussed.     

An Assessment of the Validity of Polygraph Examinations for the Psychophysiological Detection of Deception: A Judicicial Opinion and Research Study Review

The polygraph device has been advanced by proponents as a valid (measures what it is supposed to measure, even against counter-measures), accurate (it does what it is supposed to do), and reliable (produces consistent outcomes) diagnostic tool able to measure physiological responses indicative of deception. These physiological responses are said to be a direct result of psychological arousals. (National Research Council [NRC] of the National Academies, The polygraph and lie detection, 2003). A debate concerning the validity of this test instrument has maintained for over 85 years, since the first polygraph device was introduced. This analysis takes into account court cases that address the issue and the available literature and relevant studies that support judicial decision-making. The conclusion arrived at is that this particular testing device has not attained a level of scientific support to warrant unqualified judicial acceptance.     

Cold‐blooded lie catchers? An investigation of psychopathy,emotional processing,and deception detection

Purpose. The process of catching liars is challenging, though evidence suggests that deception detection abilities are influenced by the characteristics of the judge. This study examined individual differences in emotional processing and levels of psychopathic traits on the ability to judge the veracity of written narratives varying in emotional valence. Methods. Undergraduate participants (N= 251) judged the veracity of 12 written narratives (truthful/deceptive) across three emotional categories: positive, negative, and neutral events. Levels of psychopathy were assessed to investigate its relation to accuracy and cue use. Results. Overall accuracy was close to chance, although participants were more accurate in determining the veracity of truthful relative to deceptive narratives. Accuracy was impaired for emotional (positive and negative) relative to neutral narratives. Psychopathy was not associated with levels of overall accuracy, but related to discriminative ability, and differential use of cues in decision making. Reported cue use also differed across emotional narrative conditions. Conclusions. We speculated that an emotive truth bias may have detracted judges from attending to valid cues that are indicative of the deceptive nature of stimuli because they were distracted by the emotional content of the report. Implications for deception detection in forensic settings are discussed.     

A study into the layers of automated decision-making: emergent normative and legal aspects of deep learning

ABSTRACT

The paper dissects the intricacies of automated decision making (ADM) and urges for refining the current legal definition of artificial intelligence (AI) when pinpointing the role of algorithms in the advent of ubiquitous computing, data analytics and deep learning. Whilst coming up with a toolkit to measure algorithmic determination in automated/semi-automated tasks might be proven to be a tedious task for the legislator, our main aim here is to explain how a thorough understanding of the layers of ADM could be a first good step towards this direction: AI operates on a formula based on several degrees of automation employed in the interaction between the programmer, the user, and the algorithm. The paper offers a fresh look at AI, which exposes certain vulnerabilities in its current legal interpretation. To highlight this argument, analysis proceeds in two parts: Part 1 strives to provide a taxonomy of the various levels of automation that reflects distinct degrees of human–machine interaction. Part 2 further discusses the intricate nature of AI algorithms and considers how one can utilize observed patterns in acquired data. Finally, the paper explores the legal challenges that result from user empowerment and the requirement for data transparency.     

‘Wasn't me!’ A field study of the relationship between deceptive motivations and psychopathic traits in young offenders

Purpose. Evaluating truthfulness is an integral part of any forensic assessment. Unfortunately, the motives underlying the use of deceptive strategies by offenders and how these may be mediated by personality are not well established, particularly in adolescent samples. Accordingly, the aim of the present study was to identify different deception‐related motivations in a sample of juvenile offenders, with special emphasis placed on the relationship between these motivations and psychopathic traits. Methods. Archived file and videotaped information for 60 Canadian federal juvenile offenders were reviewed in order to identify real‐life (spontaneous) patterns of deceptive motivations. Results. It was found that there were significant differences between the low, medium, and high groups across psychopathic traits for the motivations of (1) lies to obtain a reward; (2) to heighten self‐presentation; and (3) for duping delight. Conclusions. Not only were juvenile offenders found to lie for a variety of reasons, but also psychopathy was found to mediate the specific motivational patterns leading to offender perpetrated deception. The relevance of these findings to the assessment of truthfulness in offender populations is discussed.     

The Reliability of Lie Detection Performance

We examined whether individuals’ ability to detect deception remained stable over time. In two sessions, held one week apart, university students viewed video clips of individuals and attempted to differentiate between the lie-tellers and truth-tellers. Overall, participants had difficulty detecting all types of deception. When viewing children answering yes–no questions about a transgression (Experiments 1 and 5), participants’ performance was highly reliable. However, rating adults who provided truthful or fabricated accounts did not produce a significant alternate forms correlation (Experiment 2). This lack of reliability was not due to the types of deceivers (i.e., children versus adults) or interviews (i.e., closed-ended questions versus extended accounts) (Experiment 3). Finally, the type of deceptive scenario (naturalistic vs. experimentally-manipulated) could not account for differences in reliability (Experiment 4). Theoretical and legal implications are discussed.     

Effect of biofeedback on the detection of deception

This study examined the effect of audio electrodermal biofeedback training on the detection of deception. The subjects consisted of 68 volunteers enrolled in selected undergraduate college courses. Each subject was required to commit a mock murder, after which a polygraph examiner administered a series of five consecutive "lie detector" tests to ascertain the facts involved in his/her murder. Before testing, subjects were randomly assigned to either a biofeedback condition or to a control group. The detection efficiency associated with the subject's respiration responses was significantly enhanced by simultaneous auditory biofeedback given during the polygraph testing; however, the feedback's effect upon the detection rates associated with the electrodermal measures that it was reflecting was neither statistically significant nor in the same direction. The results support the premise that audio biofeedback might be useful in enhancing respiration's detection efficiency during polygraph testing.     

US police officers’ knowledge regarding behaviors indicative of deception: Implications for eradicating erroneous beliefs through training

Abstract

The current study surveyed a random sample of Texas law enforcement officers (n?=?109) about their knowledge regarding behaviors indicative of deception. The officers were not highly knowledgeable about this topic, overall performing at a chance level in assessing how various behavioral cues relate to deception. Confidence in one's skill was unrelated to accuracy, and officers who reported receiving the most training and utilizing these skills more often were more confident but no more accurate in their knowledge of the behaviors that typically betray deception. The authors compare these results to previous studies that have examined officers’ beliefs in other countries and discuss the implication of these results in terms of developing future training programs that may debunk the common misconceptions that officers possess.     

Polygraph testing for deception in Australia: effective aid to crime investigation and adjudication?

Polygraph testing--or the monitoring and analysing of selected physiological measures of an individual who is being interviewed, for the purpose of detecting deception--is controversial in Australia. Considerable mythology surrounds this method of detecting deception. Embedded in popular perceptions of crime fighting and utilised in high-profile criminal cases in Western Australia, Victoria and Queensland, polygraph testing is also explicitly prohibited from being used in crime investigation in New South Wales. Unlike in the United States, polygraph testing has not hitherto routinely been used by government departments and authorities as a preemployment screening tool, but is increasingly being offered in the private sector in Australia. This article examines the current scope of polygraph testing in Australia, describes different approaches to testing, briefly reviews recent information relating to validity and evaluates State legislation prohibiting the use of polygraph testing for specified purposes in New South Wales. Consequent to the continuing controversy regarding the accuracy of polygraph testing in detecting deception (and, conversely, truth-telling), it is argued that the emerging use of polygraph testing is problematic and common law principles rendering the results of such testing inadmissible in court do not constitute sufficient safeguard against inappropriate and intrusive testing. Future research should identify specific polygraph testing techniques and consider the most socially beneficial way of regulating this emerging area of practice.     

A Sequence Analysis of Nonverbal Behaviour and Deception

The ability to correctly interpret nonverbal communication (NVC) is an important ability in everyday interactions, which may use NVC techniques to identify the concealment of information. In the present study, a novel approach was used to understand NVC. Behaviour sequence analysis identified specific sequences of behaviours that indicate psychological distress caused by deception. The study involved the analysis of 55 videos of real criminals and high-power individuals that were filmed fabricating statements, which were later exposed as being untruthful at the time of being filmed. In addition, 53 clips of criminals making truthful statements were also analysed as a contrast group. Results indicated clear differences between honest and deceptive responses, such as furrowing of eyebrows in the deceptive sequences occurring more often than honest statements. In addition, sequences of behaviours were shown in the present data set, which could indicate a new method for analysing NVC and detecting psychological distress caused by deception. The possible implications and applications for police and forensic investigation are also outlined.     

测谎结论的证据问题研究

近年来,测谎被广泛应用于我国刑事司法领域,并在侦查破案和审判中发挥了不可替代的重要作用。由于测谎目前在理论和实践中均未统一,加之我国对于测谎结论的适用尚无明确的法律规定,已有的司法解释也没有解决实质问题,加深了人们对测谎结论的质疑,即测谎结论的证据资格问题。因此,明晰测谎结论的证据资格和应有的法律地位,是我国刑事诉讼法学理论亟需研究的一个问题。