Persuasion in the Legal Process

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Lie Detection Technology

  • Why is it used? 
    • Fact finder must discriminate truthful from deceptive testimony
    • We are poor at naturally detecting lies from truth 
  • Technology 
    • Episteme: knowledge that lies before us, that is evident 
    • Techne: reveals whatever does not bring itself forth and does not yet lie before us 
  • Trust and Technology 
    • Accepting technology we cant understand 
    • We must trust technology to some extent 
    • Makes us susceptible to technological deceit 
  • Issues
    • Problem of discrimination: certain features may correlate with lying but also are found in non deceptive states, could pick up heightened physiological responses caused by anxiety, can identify people telling the truth 
    • Reliability: no current technology can reliably reveal a lie, cues to deception are faint and unreliable 
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Metaphor of Bodily Leakage

  • Embodiment
    • Techniques of lie detection always try to embody the life 
    • Body can be seen but the mind cant 
    • Lies will eventually be expelled from the body 
  • Bodily tremours 
    • Raised pulse
    • Brain murmurs 
    • Trembling voice 
  • Facial and other tics 
    • Non verbal cues to deception 
    • Picked up with help of visual technologies 
  • Linguistic slips 
    • Interpreted prescriptively, now can be identified descriptively through computer software 
    • Empirical studies show little correlation between putative verbal cues to deception and attested acts of lying 
    • Porter and Yuille 1996
      • 18 verbal indicators of deception taken from police training 
      • Liars produced fewer details, were less coherent and less often admitted memory loss 
    • Computational linguistic lie detection: large scale quantitative analysis 
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Lie Detection Technologies

  • Layered Voice Analysis 
    • Form of voice analysis which claims to be able to detect lying from the physical properties of speech 
  • Brain Fingerprinting 
    • Can detect deception through brain waves 
  • Scientific Content Analysis 
    • Most popular method of statement analysis in US 
    • Claims to be able to tell from a witnesses written statement to the police whether or not they are lying 
  • Why do agencies buy into these? 
    • Little if any scientific validity 
    • Deceptive rhetoric tools
    • Bogus Pipeline Effect 
      • Tendency for participants to be more truthful if they believe their responses will be validated by an external source, even if it is bogus 
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A Rhetoric of Expertise

  • Rhetorical Strategies 
    • Localisation: lying in body 
      • Identification of deception localised in particular bodily organ or in linguistic product 
      • Voice Stress Analysis, Brain Fingerprinting, SCAN 
    • Dissimilation: distinguish technology from previous
      • Emphasising dissimilarity between new technique and pre-existing discredited techniques 
      • LVA, Brain Fingerprinting, SCAN
    • Technicalisation: sounding scientific 
      • To sound expert, the technique is made to sound complex and technical 
      • LVA, Brain Fingerprinting, SCAN 
    • Amplification: of results 
      • Exaggerated claims about the accuracy of the methods 
      • LVA, SCAN, Brain Fingerprinting 
    • Commericial Dissemination: rather than scientific 
      • By focussing on media and commercial dissemination, developers can avoid the awkward obstacle of scientific acceptance 
      • LVA, SCAN, Brain Fingerprinting 
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A Rhetoric of Expertise 2

  • Rhetorical Strategies 
    • Concealment: hiding lack of scientific basis 
      • Develoeprs seek to achieve a fine rhetorical balance between sounding scientific and concealing scientific critique 
  • Asking the Right Questions 
    • Experimental Conditions 
      • Most tests based on yes/no answers 
      • Most informants are ordinary people without specific expertise
    • Actual conditions of lying 
      • Many shades of grey between truth and lying 
      • Many consequential liars will have expertise in lying 
      • Lying matters, as does hiding it 
    • Cognitive processing load 
      • The one well attested correlate of lying 
      • Ask many open questions to increase cognitive load 
      • Shift from revealing truth through technology to testing trust through rhetorical enagement 
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