NCJ Number
133249
Journal
American University Law Review Volume: 40 Issue: 2 Dated: (Winter 1991) Pages: 775-804
Date Published
1991
Length
30 pages
Annotation
To test the long-standing observation that sometimes subtle and possibly unintentional nonverbal behavior on the part of judges, along with other "extra-legal" variables, might alone predict trial processes and trial outcomes, a research model is presented that employs various legal, extra-legal, and behavioral variables for describing and documenting behavior of trial judges and juries.
Abstract
The preliminary findings of the model suggest, among other things, that extremely prejudicial behavior on the part of judges may at times deny defendants their constitutionally protected right to a fair and impartial trial. Preliminary tests of the relationship between background and expectancy suggest that judges' beliefs about trial outcomes are related to defendants' criminal histories in predictable ways. Preliminary findings also support the suggestion that judges may reveal their beliefs to their juries through nonverbal channels alone. An encouraging general conclusion to be drawn from the examination of the relationship between behavior and outcome is that in most cases where the judges' expectations for trial outcomes are conveyed to juries either verbally or nonverbally, jurors still tend to make their own independent assessments of the evidence. 111 footnotes