| "If a person moves their eyes to the right when they | | | | undergoneaccepted scientific disciplined testing.) |
| normally movethem to the left, they are lying." "He | | | | Whether the theory or technique has been subjected |
| crossed his legs - it must be alie." "She was lying - she | | | | to peerreview and publication; (Has it been reviewed |
| couldn't look me in the eye." "You can tellhe was lying | | | | by the scientificcommunity and published in a scientific |
| because he was fidgeting the whole time." We | | | | journal) |
| areexposed to so many urban legends about what | | | | Whether, in the case of a particularly scientific |
| are reliable signsof deception from so many | | | | technique, themethod contains a high known or |
| supposedly informed or professionalsources. How do | | | | potential rate of error; (Does thetechnique used to test |
| we know which signs are really reliabledeception cues | | | | the theory have a high rate of accuracy.) |
| or mere assumptions based on legend andfolklore? | | | | Whether the methodology is generally accepted. |
| One way to be sure is to be sure that what you are | | | | (Does thescientific community accept the testing |
| beingtaught meets the "Daubert" challenge. | | | | method as reliable andobjective) |
| In a US Supreme Court ruling regarding Daubert vs. | | | | What we should do as students of interview & |
| Merrell Dow,the court established guidelines for what | | | | interrogation andhuman behavior is to question claims |
| qualifies as scientificevidence. The court's interest was | | | | made by instructors in ouracademies or classrooms |
| to establish the rule that expertopinion based on a | | | | that certain behaviors are signs of truthor deception. |
| scientific technique is inadmissible unless thetechnique is | | | | As academy directors and instructors it is time |
| "generally accepted" as reliable in the relevantscientific | | | | wereviewed our course materials on the topic of |
| community. Far too many of the claims made in | | | | interview &interrogation and make sure they meet |
| someinterview and interrogation courses about what | | | | the Daubert challenge. |
| are reliable humanverbal and nonverbal signs of | | | | We should also question whether the claims made by |
| deception will not meet thisstandard. | | | | quest orcontract instructors meet these same |
| The Daubert ruling requires that four main conditions be | | | | stringent guidelines. Wecan either deal with the issue |
| met as towhat will be accepted as expert opinion on | | | | now because in the future our coursecurriculum will be |
| scientific evidence. | | | | tested under Daubert's strict guidelines. |
| These parallel principles accepted in the scientific | | | | For information about Daubert vs. Merrell Dow and its |
| community asempirical evidence. These four | | | | impact onwhat is considered expert testimony and |
| court-based requirements in briefstate: | | | | scientific evidence, go to |
| Whether the proffered knowledge can be or has been | | | | © 2005 by Stan B. |
| testedempirically, i.e., whether it is "falsifiable;" (Has it | | | | |