The Use of Nonverbal Communication when Assessing Witness Credibility: a View from the Bench

The aim of this article is to provide a better understanding of how, in practice, judges use nonverbal communication during bench trials. The article starts with an overview of legal rules on how judges are supposed to assess witness credibility and use nonverbal communication, and briefly addresses the impact of those rules on lower courts and the limited data about judges in bench trials. Subsequently, we present the methods and the results from an online survey carried out with Quebec judges. While a number of judges have beliefs consistent with the scientific literature, findings reported in this article show that many judges have beliefs inconsistent with the scientific literature, and many are silent on culture-related differences in nonverbal behavior. The article ends with a discussion on the implications of the results for scholars and practitioners, including why findings reported in this article are cause for concern for adversarial justice systems.