Spotting the liar in the witness box – how valuable is demeanour evidence really? (2)

Show simple item record Gravett, W.H. (Willem) 2019-05-30T08:10:34Z 2019-05-30T08:10:34Z 2018
dc.description.abstract In the previous part of this contribution I discussed the history of so-called “demeanour evidence” and its current role in the law of evidence. I furthermore examined the extensive empirical evidence that shows that demeanour – as a means of accurate and reliable credibility assessment and decision-making in litigation – essentially is worthless. Human lie detection is fraught with difficulty. It is predicated upon a multitude of misconceptions about how liars behave, including specific verbal and nonverbal cues commonly believed to indicate dishonesty. Below I continue with an analysis of the social science research data on veracity judgments based on demeanour in order to attempt to answer the question: Why are human beings such poor lie detectors? Next I expound upon the reasons why lie detection in court might actually be more difficult than in a laboratory setting. I then explore the potential impact of empirical findings upon the principle of appellate deference to credibility findings of first instance. I conclude by addressing the question regarding the appropriate response of the legal system in the face of the overwhelming research data on the lack of reliability of so-called “demeanour evidence”. en_ZA
dc.description.department Procedural Law en_ZA
dc.description.department Procedural Law en_ZA
dc.description.librarian am2019 en_ZA
dc.description.uri en_ZA
dc.identifier.citation Gravett, W.H. 2018, 'Spotting the liar in the witness box – how valuable is demeanour evidence really? (2)', Journal of Contemporary Roman Dutch Law / Tydskrif Vir Hedendaagse Romeins-Hollandse Reg, vol. 81, pp. 563-575. en_ZA
dc.identifier.issn 1682-4490
dc.language.iso en en_ZA
dc.publisher LexisNexis en_ZA
dc.rights LexisNexis en_ZA
dc.subject Human lie detection en_ZA
dc.subject Veracity judgments en_ZA
dc.subject Lie detection in court en_ZA
dc.subject Demeanour evidence en_ZA
dc.title Spotting the liar in the witness box – how valuable is demeanour evidence really? (2) en_ZA
dc.type Article en_ZA

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