NCJ Number
87877
Date Published
1981
Length
27 pages
Annotation
The chapter investigates the influence of language factors on legal decisionmaking, emphasizing the impact of witness testimony and attorney questioning on jurors.
Abstract
Research findings are based on information obtained through the taping of more than 150 hours of criminal trials held in a North Carolina court, interviews with legal professionals, and a review of trial practice manuals. Analysis revealed that witnesses who used hedging remarks such as 'I guess' and 'uh' were seen as less competent than witnesses who used a more powerful language style. The narrative style of testimony was seen as more convincing than the fragmented style; legal tacticians appear to have been correct in recommending the use of a narrative style to enhance witness credibility. Witnesses who were hypercorrect in that they misapplied certain rules of formal grammar and used a more formal and technical vocabulary than seemed necessary or appropriate were viewed less favorably by jurors. Concerning simultaneous speech indicating a struggle for testimony control, results indicate that the lawyer is seen as losing some of his control over the testimony whenever he is drawn into verbal conflict with a witness. From these studies it was concluded that the style in which testimony is delivered can have substantial effects on the social perceptions and beliefs of those hearing the testimony. A final study revealed that jury instructions were not effective in controlling such style effects. Two tables, 11 footnotes, and 38 references are provided.