Judge Nonverbal Communication on Trial: Do Mock Trial Jurors Notice?

This study investigated jurors' reactions to judges' nonverbal communication in mock trials. Participants in 80 mock juries viewed taped segments of direct and cross examination that varied the judges' level of nonverbal involvement. Comments about the judge were solicited in predeliberation questionnaires and unsolicited comments obtained from dialogue that occurred during mock jury deliberations. The investigation found that jurors are aware of nonverbal cues from judges, particularly negative behaviors. Although the high- and low-involved judges solicited roughly the same number of comments, more negative comments were made about the judge displaying low than high nonverbal involvement. The results also revealed that jurors made more negative comments than positive ones. Overall, jurors are most aware of a judge's lack of involvement and apparent bias. Discussion focuses on ways to minimize the influence of judge nonverbal communication on jurors.