ASTM E2324-2004 Standard Guide for PDD Paired Testing《PDD配对试验的标准指南》.pdf

1、Designation: E 2324 04Standard Guide forPDD Paired Testing1This standard is issued under the fixed designation E 2324; the number immediately following the designation indicates the year oforiginal adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the

2、 year of last reapproval. Asuperscript epsilon (e) indicates an editorial change since the last revision or reapproval.1. Scope1.1 Standard guide for the derivation of quantitative assess-ments of the credibility of proposed witness testimony throughthe application of established statistical princip

3、les to combina-tions of PDD examination results, and for the utilization ofsuch assessments in the interests of justice (The Marin Proto-col)1.2 This standard describes circumstances in which provenstatistical principles, applied to PDD results, can reliablyquantify the trustworthiness or untrustwor

4、thiness of witnesstestimony, and1.2.1 Delineates requirements necessary to effect the gen-eration and practical use of such results, including:1.2.1.1 Criteria regarding witnesses to be examined,1.2.1.2 Criteria for determining facts upon which witnessesare to be examined,1.2.1.3 Certification of ex

5、aminers eligible to conduct exami-nations,1.2.1.4 Combinations of results which support strong infer-ences, and1.2.1.5 Appropriate uses to which strong inferences can beput.1.3 Courts and others responsible for adjudicating questionsof fact may choose whether and when to invoke paired PDDtesting.1.3

6、.1 This guide expresses the rights and obligations of allparticipants in order to best serve the interests of justice whenit is invoked.1.3.2 Paired PDD testing must not be invoked in any case inany jurisdiction where to do so would violate the laws of thatjurisdiction.1.3.3 Adherence to these guide

7、lines ensures that the conclu-sions reached will be valid.1.4 This standard is directed to the proposed testimony ofwitnesses in criminal, civil, administrative and family courtlitigation, regarding factual claims, where1.4.1 It is unlikely that the witnesses could be honestlymistaken, and1.4.2 The

8、facts in dispute are such that the case may hingeon whom the trier of fact believes; whenever,1.4.3 Witnesses on opposite sides of a case offer contradic-tory testimony.1.4.4 Two or more witnesses testifying for one side offermutually corroborating testimony.2. Referenced Documents2.1 ASTM Standards

9、:E 2000 Guide for Minimum Education and Training ofIndividuals Involved in the Psychophysiological Detectionof Deception (PDD)E 2031 Practice for Quality Control of PsychophysiologicalDetection of Deception (Polygraph) ExaminationsE 2035 Terminology Relating to Forensic Psychophysiol-ogyE 2062 Guide

10、 for PDD Examination Standards of PracticeE 2065 Guide for Ethical Requirements for Psychophysi-ological Detection of Deception (PDD) Examiners3. Significance and Use3.1 The goal of this standard is to reduce the incidence andimpact of perjured testimony in administrative proceedings andin the crimi

11、nal, civil and family court systems.3.2 It is a mathematically established statistical principlethat the probability of two independent events both occurring isthe algebraic product of the probabilities of either eventoccurring alone. (Press, S. J., Bayesian Statistics: Principles,Models, and Applic

12、ations, John Wiley including as necessary,(3) The validity of Litigation Certificates, and/or(4) The validity of the mathematical reasoning.6.2 Nothing about the polygraph may be introduced byeither side in regard to testimony about facts where examina-tions have produced any other combination of re

13、sults or aboutwhich neither party has requested testing.6.2.1 Unedited beginning to end videotapes of the exami-nations together with the charts and reports of the examinersand the reports of reviewers shall be made available to thejudge or presiding official.6.3 If neither party requests testing of

14、 witnesses regarding afact, or the examinations produce any other combination ofresults about a fact, then no testimony about the polygraphexaminations shall be admissible regarding that fact.7. Applications7.1 Courts or presiding officials may initiate or utilizeexaminations conducted in accordance

15、 with this protocol:7.1.1 In challenges to testimony supporting search andarrest warrants,E23240437.1.2 To assess the trustworthiness of witnesses offeringalibi or other exculpatory testimony,7.1.3 To assess the weight to be given to the word ofinformants whose trustworthiness is uncertain or those

16、whomay have conflicting interests,7.1.4 To ascertain the good faith of litigants as a guide to theconduct of the case, including adjudication of motions and thenegotiation of settlements, and7.1.5 In requests for post-conviction relief, to assess theweight to be given to witness recantations and exc

17、ulpatoryconfessions.8. Certification8.1 The statistical basis for the validity for this protocoldepends upon the proven ability of each participating examinerto perform at a known level of accuracy. Consequently, onlyexaminers who have personally demonstrated their level ofaccuracy shall be eligible

18、 to conduct examinations or conductQuality Assurance reviews pursuant to it.8.1.1 Examinations shall be conducted by persons holding aContested Testimony Resolution Certificate, or its equivalent,from a competent certifying authority, based upon their havingdemonstrated their personal accuracy, and

19、on their having metcertain other criteria.8.2 Examiners shall be eligible for certification uponcompletion of a supervised examination regimen conductedunder the auspices of the courts or other entity of federal orstate government, or an institution or organization designatedas a Contested Testimony

20、 Resolution Certificate IssuanceAuthority or its equivalent by the American Polygraph Asso-ciation, or the American Association of Police Polygraphists, orthe American Bar Association,.8.2.1 The examiner:8.2.1.1 Has not been convicted of a felony or misdemeanorinvolving moral turpitude,8.2.1.2 Has a

21、ttained the age of 21 years, and8.2.1.3 Has demonstrated competence in an establishedprocedure or procedures by conducting complete examinationsof subjects including pretest interview, question formulation,question presentation and the interpretable charts and datacollection.8.2.2 The examiners comp

22、etence in the correct administra-tion of the procedure is affirmed by a panel of examiners afterwatching videotapes of the examiner conducting examinations.8.2.3 The examiner shall analyze charts from an archive ofat least 100 examinations where ground truth is known,obtaining:8.2.3.1 Conclusive res

23、ults for at least 80 % of the subjects,and8.2.3.2 Correct results for 86 % of the conclusive resultsreported.8.3 Certification of any examiner shall be limited to theprocedure(s) used in obtaining the certificate.8.4 A roster of certified examiners shall be made availableto the courts.8.4.1 Examiner

24、s may elect not to have their names placedon the roster. Examiners shall have a reasonable time after theyare informed of their results in which to make such election.9. Responsibilities of the Court9.1 The courts of each jurisdiction should select examinersfrom the roster of Contested Testimony Res

25、olution Certificateholders.9.2 The court should require examination results to beaccompanied by an unedited beginning-to-end videotape of theexamination.9.2.1 The videotapes, together with the charts and reports ofthe examiners and the reports of reviewers should be made partof the record or appella

26、te and other purposes.10. Keywords10.1 Contested Testimony Resolution certificate; evidence;false statements; forensic psychophysiology; litigation; MarinProtocol; perjured testimony; perjury; polygraph; testimony;trustworthy testimony; untrustworthy testimonyASTM International takes no position res

27、pecting the validity of any patent rights asserted in connection with any item mentionedin this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the riskof infringement of such rights, are entirely their own responsibility.This

28、standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years andif not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standardsand should be addressed to ASTM Intern

29、ational Headquarters. Your comments will receive careful consideration at a meeting of theresponsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you shouldmake your views known to the ASTM Committee on Standards, at the address shown be

30、low.This standard is copyrighted by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959,United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the aboveaddress or at 610-832-9585 (phone), 610-832-9555 (fax), or serviceastm.org (e-mail); or through the ASTM website(www.astm.org).E2324044