The Influence of “Body Language” on the Assessment of Witness Credibility in Australian Written Court Judgments

Abstract

This article examines how “body language” has been used in Australian court judgments when assessing witness credibility, and how it can influence legal proceedings. We first address the use (and misuse) of nonverbal communication. Then, we address the guidelines of the High Court of Australia regarding nonverbal behavior, also known as demeanor within the legal community. The methodology of the doctrinal analysis we conducted and the results are presented. Their implications considering research on nonverbal communication are discussed, and we conclude with a call for legal scholars and practitioners to further address the influence of “body language” in legal proceedings.