UK courts urged to focus on language, not body language, to detect lies
9 reported
A lecturer in communication at University College London argues that the UK judicial system’s reliance on body language and demeanour to assess truthfulness is scientifically unsound. Writing in The Guardian, Kirsty King notes that judicial directions in Scotland and England and Wales advise jurors to observe witnesses’ body language and demeanour. She states that research shows lying is primarily a linguistic act, and that liars often control their body language well, such as maintaining eye contact. King points to linguistic cues like sudden self-correction from “I” to “we” and a lack of sensory-perceptual details as more reliable indicators of deception. She warns that if courts continue to encourage judgments based on body language, they may as well let jurors consult a Ouija board, referencing a 1994 English jury that did so.
What’s reported
Judicial directions in Scotland advise jurors they can look at witnesses’ body language.
In England and Wales, jurors are instructed not to take so many notes that they cannot observe witnesses’ manner and demeanour.
The author states that looking at body language or demeanour to determine honesty is not trustworthy.
The most untrustworthy body-language cue is that liars will not look you in the eye; liars are good at maintaining eye contact to gather feedback.
Eye direction, mouth covering, nose scratching, and eyebrow raising are cited as body-language cues lacking scientific basis.
Tests show that attractive defendants are more likely to be found not guilty or receive shorter sentences due to facial-feature bias.
Research indicates liars may self-correct from “I” to “we” to create distance from their statements.
Liars fabricating an experience often lack sensory-perceptual details and instead refer to internal thought processes.
The author references a 1994 English jury that consulted a Ouija board; a retrial was ordered, and the defendant was found guilty again.
Key figures
Kirsty King, lecturer in communication at UCL and author of The Language of Lies
Sources: The Guardian
