Seeing is believing? A systematic review of credibility perceptions of live and remote video‐mediated communication in legal settings

Given‐Wilson, Zoe; Memon, Amina

doi:10.1002/acp.4001

Cited by 3 publications

(2 citation statements)

References 33 publications

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“…This question, however, is highly relevant. Because a major difference between testifying modalities lies in the observation and appraisal of nonverbal behaviour (Denault & Patterson, 2021), and children testifying via live CCTV can be judged more negatively than children testifying in person (Goodman et al, 1998; Orcutt et al, 2001; see also Given‐Wilson & Memon, 2022). However, those limitations in no way make the results of our descriptive study any less relevant.…”

Section: Discussionmentioning

confidence: 99%

“…But if they show neutral or positive emotions, they are often deemed less credible, and likewise if child victims show anger (Wessel et al, 2016). Furthermore, if children testify via CCTV, they can be judged more negatively than children testifying in person (Goodman et al, 1998; Orcutt et al, 2001; see also Given‐Wilson & Memon, 2022). This may be due to a loss of emotional impact (Davies, 1992; Landström et al, 2007; Orcutt et al, 2001).…”

Section: The Impact Of Demeanour For Child Witnessesmentioning

confidence: 99%

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The use of demeanour to assess the credibility of child victims in sexual interference trials

Denault,

Talwar

2024

Child Abuse Review

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How do judges assess witness credibility? This question is particularly important in cases where child victims testify. These cases are usually of a sensitive nature (e.g., involving allegations of abuse) where there are no other testimonial or material evidence to corroborate the account of child victims. To better understand what actually happens when judges preside over trials about sexual interference, and how, in actual courtrooms, they use demeanour to assess the credibility of child victims, we conducted a qualitative thematic analysis of real courts judgements (n = 44). The results highlighted that when assessing credibility in actual courtrooms, judges make a variety of inferences from the demeanour of child victims who testify live, with striking differences (and similarities) when defendants are found not guilty than when they are found guilty. The results of our descriptive study also provided unique insights about (correct and incorrect) beliefs judges hold about child witnesses, and how, if children fail to display behaviour they are expected to display, or if they display behaviour they are not expected to display, child victims could face difficulties at several stages of the judicial process. We discuss the results based on the literature on nonverbal behaviour and child witnesses, explaining their scope for scholars and legal practitioners.

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Section: Discussionmentioning

confidence: 99%

Section: The Impact Of Demeanour For Child Witnessesmentioning

confidence: 99%

The use of demeanour to assess the credibility of child victims in sexual interference trials

Denault,

Talwar

2024

Child Abuse Review

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Advocacy for Online Proceedings: Features of the Digital World and Their Role in How Communication is Shaped in Remote International Arbitration

Gómez-Moreno

2023

Int J Semiot Law

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The Covid-19 pandemic disrupted in-person dispute resolution proceedings, leading to the rapid adoption of digital technologies for remote hearings in international arbitration. The use of these technologies has opened up new possibilities for enhancing procedures, improving efficiency, and streamlining processes. However, it also raises concerns about transparency and authenticity in virtual hearings. This paper explores the impact of digital technologies on the semiotics of law and legal communication in international arbitration, considering the intersections between new technologies and persuasion. Based on practices like the use of e-evidence, debates surrounding remote hearings, and the formulation of standards for stakeholders’ behavior, the study takes a practice-based approach, exploring cognitive processes, such as memory and attention, and their influence on the behavior of counsel, arbitrators, and witnesses in remote hearings. It highlights the key issues, findings, challenges, and future research opportunities arising from the introduction of digital technologies in this field, including considerations on how stakeholders of a virtual hearings are affected by the unique features of the digital environment.

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Psychological Research Evidence in Refugee Status Determination

Herlihy

Cameron

Turner

2023

Journal of Refugee Studies

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This paper presents evidence that refugee status decision makers make assumptions about how humans think and act that are contrary to decades of scientific evidence about human behaviour and cognition (e.g. memory, risk assessment) – including studies and reviews of studies specifically focused on the RSD context. This evidence is not made available to decision makers. In contrast, decision makers regularly benefit from systems and procedures providing relevant, up to date, methodologically sound, impartial, independent, balanced expert evidence pertaining to country of origin information (COI). This paper proposes similar processes for the collation, assessment, and presentation of psychological evidence in order to ensure fairer, more sustainable refugee status decisions.

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Seeing is believing? A systematic review of credibility perceptions of live and remote video‐mediated communication in legal settings

Cited by 3 publications

References 33 publications

The use of demeanour to assess the credibility of child victims in sexual interference trials

The use of demeanour to assess the credibility of child victims in sexual interference trials

Advocacy for Online Proceedings: Features of the Digital World and Their Role in How Communication is Shaped in Remote International Arbitration

Psychological Research Evidence in Refugee Status Determination

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