Legal News

Non-Verbal Cues: Beware the Smiling Juror

By Brian Harris

By Melissa M. Gomez
Special to the Legal

I have been asked on more than one occasion to observe jurors in court and provide analyses of their body language. So, the question I pose today is whether one can really tell what someone is feeling, thinking or who they favor based on their body language in the courtroom. The simple answer is no, you can?t.

For that reason, when I am in court, I prefer to direct my attention to the happenings of the proceedings, the credibility of the witnesses and the messages that are coming through clearly on each side. Do I keep an eye on the jurors? Of course. Am I trying to read their body language to discover who they like or dislike? No.

Because so much of human communication is non-verbal (one study at UCLA indicated as much as 93 percent), it is a natural inclination to want to tap into the manner in which jurors can communicate with us in the courtroom considering that we are not permitted to exchange words or ask them what they think of our case. The issue, though, is that non-verbal cues have multiple meanings, and so, in most instances, we cannot determine which meaning is being communicated by a particular non-verbal cue at a particular time.

For example, a nod can mean agreement, understanding or just that a person is listening. Of course, we also have the ever-mysterious ?smiling juror.? Many of us may have encountered that person who looks right at us when we give our presentations with a grin on her face. That person can make us feel good because a smile is typically a friendly gesture by someone who likes us and agrees with us ? unless it is not. That beaming smile, as we all know, can also be a sign that this particular juror is happy to have the opportunity to stick it to us the first chance she gets. 

The one thing I typically can tell through non-verbal behavior is when jurors are paying attention. Their eyes are open; their gaze is moving along with where the action is happening in the courtroom; and they may be leaning forward. Can I tell whether they are paying attention because they like our case or don?t like our case? Not typically, but at least we can know we are keeping them awake.

Essentially, the task of trying to read what non-verbal behaviors may mean can be fruitless and tiring and there is really not much you can do except continue to present your case. Unless, of course, the jurors are asleep. That is typically a non-verbal behavior whose meaning we can all understand. 

Melissa M. Gomez is a jury consultant and owner of MMG Jury Consulting. She holds a Ph.D. in psychology from the University of Pennsylvania. Her experience includes work on hundreds of jury trials in Philadelphia and across the country, with a focus on the psychology of juror learning, behavior and decision-making. She can be reached at melissa@mmgjury.com or 215-292-7956.

Full post as published by The Legal Intelligencer Blog on January 26, 2011 (boomark / email).