Law Practice
Oct. 2, 2023
Demeanor evidence is not always credible or accurately interpreted
It is true that body language and other forms of nonverbal communication have meaning. I am unaware of anyone who disputes such a claim. The issue involves the accuracy of people’s interpretations of that information in making credibility assessments and determinations. If people who are blind and/or deaf are able to make credibility assessments and determinations without receiving visual and/or auditory information, why is such information deemed so important or even essential for such a purpose by those of us who are able to receive information in such a manner?
Mark B. Baer
Mark works as a mediator and conflict resolution consultant and teaches a course on implicit bias.
I decided to take a different approach to my column on this occasion, by challenging people's biases in a different way. This article pertains to demeanor evidence, which includes tone of voice, body language, and other forms of information other than, basically, just the words that are conveyed. In a past material of mine published in the Daily Journal, I have discussed the research regarding demeanor evidence and that it has been found to lead people, including jud...
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