1、Designation: E2324 04 (Reapproved 2011)Standard Guide forPDD Paired Testing1This standard is issued under the fixed designation E2324; 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 parenthes
2、es indicates the year of last reapproval. Asuperscript epsilon () indicates an editorial change since the last revision or reapproval.1. Scope1.1 This is a guide for the derivation of quantitative assess-ments of the credibility of proposed witness testimony throughthe application of established sta
3、tistical principles 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 guide describes circumstances in which provenstatistical principles, applied to PDD results, can reliablyquantify the trustworthiness
4、 or untrustworthiness 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 Certi
5、fication of examiners 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
6、PDDtesting.1.3.1 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
7、to these guidelines ensures that the conclu-sions reached will be valid.1.4 This guide 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, an
8、d1.4.2 The 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 AST
9、M Standards:2E2031 Practice for Quality Control of PsychophysiologicalDetection of Deception (Polygraph) Examinations3. Significance and Use3.1 The goal of this guide is to reduce the incidence andimpact of perjured testimony in administrative proceedings andin the criminal, civil and family court s
10、ystems.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.33.3 In litigation, the situation frequently arises:3.3.1 That witnesses from opposite sides of
11、fer diametricallycontradictory testimony regarding a fact or facts, such that onemust almost certainly be lying, and3.3.2 That witnesses from one side corroborate each otherstestimony, such that either both must be telling the truth, orboth must be lying.3.4 Where both witnesses are examined regardi
12、ng a fact:3.4.1 By PDD examiners who have personally establishedthat the level of accuracy they are able to achieve meets orexceeds requirements established by the courts of the jurisdic-tion.3.4.2 The results when taken together support a strongcommon inference about the respective deceptiveness of
13、 thesubjects.1This guide is under the jurisdiction of ASTM Committee E52 on ForensicPsychophysiology and is the direct responsibility of Subcommittee E52.05 onPsychophysiological Detection of Deception (PDD).Current edition approved Oct. 1, 2011. Published November 2011. Originallyapproved in 2004.
14、Last previous edition approved in 2004 as E2324 04 (2011).DOI: 10.1520/E2324-04R11.2For referenced ASTM standards, visit the ASTM website, www.astm.org, orcontact ASTM Customer Service at serviceastm.org. For Annual Book of ASTMStandards volume information, refer to the standards Document Summary pa
15、ge onthe ASTM website.3Press, S.J., Bayesian Statistics: Principles, Models, and Applications, JohnWiley including as necessary,(3) The validity of Litigation Certificates, or(4) The validity of the mathematical reasoning, or both.6.2 Nothing about the polygraph may be introduced byeither side in re
16、gard to testimony about facts where examina-tions have produced any other combination of results 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 b
17、e made available to thejudge or presiding official.6.3 If neither party requests testing of 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.
18、1 Courts or presiding officials may initiate or utilizeexaminations conducted in accordance with this protocol:7.1.1 In challenges to testimony supporting search andarrest warrants;E2324 04 (2011)37.1.2 To assess the trustworthiness of witnesses offeringalibi or other exculpatory testimony;7.1.3 To
19、assess the weight to be given to the word ofinformants whose trustworthiness is uncertain or those 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 r
20、equests for post-conviction relief, to assess theweight to be given to witness recantations and exculpatoryconfessions.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. Co
21、nsequently, onlyexaminers who have personally demonstrated their level ofaccuracy shall be eligible 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
22、a competent certifying authority, based upon their havingdemonstrated their personal accuracy, and 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
23、of federal orstate government, or an institution or organization designatedas a Contested Testimony Resolution Certificate IssuanceAuthority or its equivalent by the American Polygraph Asso-ciation, or theAmericanAssociation of Police Polygraphists, orthe American Bar Association,.8.2.1 The examiner
24、:8.2.1.1 Has not been convicted of a felony or misdemeanorinvolving moral turpitude;8.2.1.2 Has attained 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 formulati
25、on,question presentation and the interpretable charts and datacollection.8.2.2 The examiners competence 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
26、 archive ofat least 100 examinations where ground truth is known,obtaining:8.2.3.1 Conclusive results 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 ce
27、rtificate.8.4 A roster of certified examiners shall be made availableto the courts.8.4.1 Examiners 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
28、The courts of each jurisdiction should select examinersfrom the roster of Contested Testimony Resolution 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
29、 reports ofthe examiners and the reports of reviewers should be made partof the record or appellate and other purposes.10. Keywords10.1 Contested Testimony Resolution certificate; evidence;false statements; forensic psychophysiology; litigation; MarinProtocol; perjured testimony; perjury; polygraph;
30、 testimony;trustworthy testimony; untrustworthy testimonyASTM International takes no position respecting 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 paten
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