VIDEOTAPE IN THE COURTROOM, PART 1 - WITNESS DECEPTION

• NCJ Number: 55776
• Journal: Trial Volume: 14 Issue: 4 Dated: (APRIL 1978) Pages: 52-55
• Author(s): J E HOCKING; G R MILLER; N E FONTES
• Date Published: 1978
• Length: 4 pages
• Corporate Author: Assoc of Trial Lawyers of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE DISCUSSES AREAS WHERE VIDEOTAPED TRIAL PRESENTATIONS MAY EXERT AN IMPACT ON TRIAL PROCEEDINGS AND EXAMINES THE EFFECTS OF VIDEOTAPED TESTIMONY ON JURORS' ABILITY TO DETECT WITNESS DECEPTION.

Abstract

RESEARCH ON USE OF VIDEOTAPED TRIAL PRESENTATIONS HAS, THUS FAR, DETECTED NO SYSTEMATIC DIFFERENCES BETWEEN LIVE AND VIDEOTAPED TESTIMONY ON SUCH VARIABLES AS JURORS' VERDICTS AND MONETARY AWARDS, PERCEPTIONS OF ATTORNEY AND WITNESS CREDIBILITY, AND INFORMATION RECOGNITION AND RECALL. BEFORE MAKING DECISIONS REGARDING INCREASED USE OF VIDEOTAPES IN JURY TRIALS, THE EFFECTS OF THESE PRESENTATIONS ON JURORS' ABILITY TO DETECT WITNESS DECEPTION SHOULD BE STUDIED. RELEVANT RESEARCH IN THIS AREA FOCUSES ON THE OBSERVABLE BEHAVIORS WHICH MAY BE ASSOCIATED WITH DECEPTION. BASICALLY THE MAJOR ISSUES INVOLVE WHETHER UNTRAINED OBSERVERS CAN DETECT LYING BY STRANGERS AND WHETHER SPECIFIC OBSERVABLE BEHAVIORS ARE ASSOCIATED WITH LYING. ANALYSIS OF VARIOUS STUDY FINDINGS SUGGESTS THE FOLLOWING CONCLUSIONS: (1) WHEN UNTRAINED OBSERVERS RELY ON NONVERBAL INFORMATION--LESS EYE CONTACT, TENSENESS OR NERVOUSNESS, UNNATURAL GESTURES, ETC.--THEY ARE UNABLE TO DISTINGUISH RELIABLY BETWEEN WHEN A PERSON IS LYING AND WHEN HE IS TELLING THE TRUTH; (2) THERE ARE NO FIRM, REPLICATED FINDINGS WHICH JUSTIFY GENERALIZATIONS ABOUT BEHAVIORS WHICH GENERALLY ARE CORRELATED WITH DECEPTION (LYING BEHAVIOR IS PROBABLY IDIOSYNCRATIC); AND (3) THE ONE STUDY DIRECTLY COMPARING DETECTION ACCURACY OF OBSERVERS WATCHING VIDEOTAPES WITH OBSERVERS WATCHING LIVE PRESENTATIONS FOUND NO SIGNIFICANT DIFFERENCES IN ACCURACY. IN GENERAL, JURORS DETECT LYING WHEN A WITNESS' TESTIMONY CONFLICTS WITH ESTABLISHED FACTS OR CONTAINS INCONSISTENCIES. SINCE CONTENT PROVIDES JURORS WITH THE BEST BASIS FOR ACCURACY, THE CRUCIAL ISSUE IS WHETHER VIDEOTAPED TESTIMONY AFFECTS JUROR COMPREHENSION OF THIS CONTENT. IT IS HYPOTHESIZED THAT IT DOES NOT. (KJM)