Body Language Lost in Translation

It goes without saying that in cases involving significant factual disagreements, juror perceptions of witness credibility are paramount.  But it’s important to understand that when trial jurors decide (very quickly in most cases) whether or not they believe, respect, like or feel sympathy for a witness, they are considering way more than just what the witnesses is saying.  

All of us, every day, form quick snapshots of people we encounter based on countless, constant observations – friendly or standoffish, knowledgeable or inept, helpful or rude – and jurors are no different.

During focus groups, we often play snippets of key witness depositions to gauge juror perceptions of credibility, competency and general observations about what they saw and heard.  What we find particularly interesting is how quickly the vast majority of jurors form strong opinions about credibility based on no more than a two-minute clip, as well as the other aspects jurors are noticing and considering when forming these “gut reactions” – namely body language.

Based on our observations, actions as small as “looking down” or “fidgeting” or “fumbling their fingers” can damage credibility and make witnesses appear like they are being untruthful or searching for the right answer.  However, sometimes respondents disagree with each other about what certain body language means, and get so sidetracked by scrutinizing body language that they forget to pay attention to the actual answers and whether they actually believe the witness. 

The solution?  Work with your witnesses before trial to eliminate as many of these subconscious body language tendencies as possible, and remove the potential for guesswork or distraction.  

When we conduct witness preparation sessions, or "Testimony 101" as we call it, we video record a mock cross-examination of the witness then play it back so the witness can see for themselves their unique body language tendencies – tics, sighs, eye rolls and all.  We have found it’s one thing to give witnesses tips about where to look or put their hands when answering questions, and another thing entirely to force them to watch and scrutinize themselves as witnesses.  By highlighting how they appear to jurors – and how certain body language cues can dramatically affect credibility – witnesses gain confidence and conviction.  This allows jurors to focus on the message rather than trying to figure out what that long blink or finger tapping meant. 

If you would like to schedule training sessions with witnesses in an upcoming trial, please don’t hesitate to contact us at 714.754.1010 or cluna@juryimpact.net.