Influence Beyond Words: Non-Verbal Bias in Court

Many of you have seen Lady Justice in the courtroom. Lady Justice, often depicted as a woman holding scales, a sword, and sometimes wearing a blindfold, represents the principles of making unbiased decisions and upholding the law. The blindfold shows the idea of being impartial, meaning justice should be applied without considering someone's wealth, power, or status. The scroll she holds symbolizes the importance of the law and its presence in all legal decisions. In summary, Lady Justice is a visual symbol of fairness and complete justice in legal settings.

Unfortunately, many case outcomes are influenced by more than evidence or persuasive arguments. Biassed attitudes, behaviors, and messages have a significant, negative impact on fairness and equality in our nation's courts. Small things like gestures, facial expressions, and how people sit or stand can sway what people think about a case. Sometimes, personal biases get in the way, making the process unfair.

Bias affects how juries are picked and can lead to more trials needing to be done over, costing taxpayers extra money. Implicit bias happens automatically, without us even realizing it. Judges might show bias in how they treat people in court, like who they talk to and how they act. Even lawyers and judges can show bias with simple things like their facial expressions or how they stand.

Examples of non-verbal communication in court include facial expressions, posture, gestures, eye contact, and dress. These non-verbal cues play a crucial role in conveying emotions, credibility, confidence, and trustworthiness during legal proceedings. For instance, facial expressions can reveal emotions like anger or nervousness, impacting how witnesses are perceived.

Gestures such as hand movements and pointing can influence interpretations and should be used mindfully to avoid misinterpretation. Eye contact is significant; direct eye contact can convey confidence and honesty, while avoiding eye contact may suggest untruthfulness. Lastly, dress and appearance are essential aspects of non-verbal communication in court, with professional attire reinforcing credibility and respect. These non-verbal cues collectively shape perceptions and decision-making in legal settings. Even though body language can show bias, it's not always clear. Understanding and interpreting these signals are essential as they can shape the narrative, credibility, and overall success of a case.

Photo byKelly SikkemaonUnsplash