The Analysis of Nonverbal Communication: The Dangers of Pseudoscience in Security and Justice Contexts

Four Misconceptions About Nonverbal Communication

Research and theory in nonverbal communication have made great advances toward understanding the patterns and functions of nonverbal behavior in social settings. Progress has been hindered, we argue, by presumptions about nonverbal behavior that follow from both received wisdom and faulty evidence. In this article, we document four persistent misconceptions about nonverbal communication-namely, that people communicate using decodable body language; that they have a stable personal space by which they regulate contact with others; that they express emotion using universal, evolved, iconic, categorical facial expressions; and that they can deceive and detect deception, using dependable telltale clues. We show how these misconceptions permeate research as well as the practices of popular behavior experts, with consequences that extend from intimate relationships to the boardroom and courtroom and even to the arena of international security. Notwithstanding these misconceptions, existing frameworks of nonverbal communication are being challenged by more comprehensive systems approaches and by virtual technologies that ambiguate the roles and identities of interactants and the contexts of interaction.

Millennia of legal content criteria of lies and truths: wisdom or common-sense folly?

Long before experimental psychology, religious writers, orators, and playwrights described examples of lie detection based on the verbal content of statements. Legal scholars collected evidence from individual cases and systematized them as "rules of evidence". Some of these resemble content cues used in contemporary research, while others point to working hypotheses worth exploring. To examine their potential validity, we re-analyzed data from a quasi-experimental study of 95 perjury cases. The outcomes support the fruitfulness of this approach. Travelling back in time searching for testable ideas about content cues to truth and deception may be worthwhile.

From criminal interrogations to investigative interviews: a bibliometric study

This paper presents the results of a bibliometric study providing a comprehensive overview of the social science research conducted on criminal interrogations and investigative interviews since the 1900s. The objectives are to help researchers to further understand the research field, to better communicate research findings to practitioners, to help practitioners understand the breadth of scientific knowledge on criminal interrogations and investigative interviews, and to foster dialog between researchers and practitioners. To begin, after a brief description of Web of Science, we describe how we developed our database on criminal interrogations and investigative interviews. Then, we report the yearly evolution of articles, the journals where they were published, the research areas covered by this research field, as well as the authors, the institutions and the countries that published the most on a variety of topics related to criminal interrogations and investigative interviews. Finally, we present the most used keywords and the most cited articles, and examine the research on questionable tactics and techniques in the research field of criminal interrogations and investigative interviews. This paper ends with a critical look at the results, for the benefit of researchers and practitioners interested in criminal interrogations and investigative interviews.

The use of nonverbal communication when assessing witness credibility: a view from the bench

The aim of this article is to provide a better understanding of how, in practice, judges use nonverbal communication during bench trials. The article starts with an overview of legal rules on how judges are supposed to assess witness credibility and use nonverbal communication, and briefly addresses the impact of those rules on lower courts and the limited data about judges in bench trials. Subsequently, we present the methods and the results from an online survey carried out with Quebec judges. While a number of judges have beliefs consistent with the scientific literature, findings reported in this article show that many judges have beliefs inconsistent with the scientific literature, and many are silent on culture-related differences in nonverbal behavior. The article ends with a discussion on the implications of the results for scholars and practitioners, including why findings reported in this article are cause for concern for adversarial justice systems.

Darwin's illegitimate children: How body language experts undermine Darwin's legacy

The Expression of the Emotions in Man and Animals has received and continues to receive much attention from emotion researchers and behavioural scientists. However, the common misconception that Darwin advocated for the universality of emotional reactions has led to a host of unfounded and discredited claims promoted by 'body language experts' on both traditional and social media. These 'experts' receive unparalleled public attention. Thus, rather than being presented with empirically supported findings on non-verbal behaviour, the public is exposed to 'body language analysis' of celebrities, politicians and defendants in criminal trials. In this perspective piece, we address the misinformation surrounding non-verbal behaviour. We also discuss the nature and scope of statements from body language experts, unpacking the claims of the most viewed YouTube video by a body language expert, comparing these claims with actual research findings, and giving specific attention to the implications for the justice system. We explain how body language experts use (and misuse) Darwin's legacy and conclude with a call for researchers to unite their voices and work towards stopping the spread of misinformation about non-verbal behaviour.

The Science of Lie Detection by Verbal Cues: What Are the Prospects for Its Practical Applicability?

There is agreement among researchers that no simple verbal cues to deception detectable by humans have been demonstrated. This paper examines the evidence for the most prominent current methods, critically considers the prevailing research strategy, proposes a taxonomy of lie detection methods and concludes that two common types of approach are unlikely to succeed. An approach to lie detection is advocated that derives both from psychological science and common sense: When an interviewee produces a statement that contradicts either a previous statement by the same person or other information the authorities have, it will in many cases be obvious to interviewer and interviewee that at least one of the statements is a lie and at the very least the credibility of the witness is reduced. The literature on Strategic Use of Evidence shows that features of interviews that foster such revelatory and self-trapping situations have been established to be a free account and the introduction of independent information late and gradually into the proceedings, and tactics based on these characteristics constitute the best current general advice for practitioners. If any other approach 1 day challenges this status quo, it is likely to be highly efficient automated systems.

Notwendigkeit einer kritischen Prüfung von Methoden zur Lügenerkennung und Vernehmungstaktiken zur Informationsgewinnung von Beschuldigten: ein Positionspapier aus Psychologie und Polizei

Polizeiliche Entscheidungsträger*innen und Ermittelnde in Deutschland erhalten regelmäßig Aus- und Fortbildungsangebote zu Methoden der Lügenerkennung und zu Vernehmungstaktiken für Beschuldigte, die teilweise unseriös sind. Keinesfalls sollten ineffektive oder ungeprüfte Methoden und Taktiken durch die Polizei angewandt werden, da sie gravierende Folgen für unschuldige Personen (z. B. Freiheitsentzug, soziale Schäden) und die Bevölkerung (z. B. weitere Straftaten durch die eigentlichen Täter*innen, sinkendes Vertrauen in die polizeiliche Ermittlungstätigkeiten) nach sich ziehen können. Besonders problematisch sind pseudowissenschaftliche Angebote, die nicht systematisch geprüfte oder nachweislich ineffektive Inhalte vermitteln, jedoch wissenschaftlich begründet scheinen (z. B. aufgrund des Titels oder der Berufsbeschreibung der anbietenden Personen). Dieses Positionspapier will diese Problematik beleuchten und Personen aus der polizeilichen Lehre und Praxis dazu anregen, Angebote kritisch zu prüfen und schwerpunktmäßig theoretisch fundierte und nachgewiesenermaßen effektive Methoden zum Einschätzen von Falschaussagen (z. B. anhand von Widersprüchen) und Konzepten zur Vernehmung Beschuldigter anzuwenden.

Justice and Nonverbal Communication in a Post-pandemic World: An Evidence-Based Commentary and Cautionary Statement for Lawyers and Judges

On 11 March 2020, the World Health Organization officially declared COVID-19 a pandemic. The new physical distancing rules have had many consequences, some of which are felt throughout the justice system. Courts across the world limited their operations. Nonetheless, given that justice delayed is justice denied, many jurisdictions have turned to technologies for urgent matters. This paper offers an evidence-based comment and caution for lawyers and judges who could be inclined, for concerns such as cost and time saving, to permanently step aside from in-person trials. Using nonverbal communication research, in conjunction with American and Canadian legal principles, we argue that such a decision could harm the integrity of the justice system.

Unraveling the Misconception About Deception and Nervous Behavior

In this article, we attempt to unravel the misconception about deception and nervous behavior. First we will cite research demonstrating that observers believe lie tellers display more nervous behaviors than truth tellers; that observers pay attention to nervous behaviors when they attempt to detect deception; and that lie tellers actually feel more nervous than truth tellers. This is all in alignment with a lie detection approach based on spotting nervous behaviors. We then will argue that the next, vital, step is missing: Research has found that lie tellers generally do not display more than truth tellers the nervous behaviors laypersons and professionals appear to focus on. If observers pay attention to nervous behaviors but lie tellers do not come across as being nervous, lie detection performance is expected to be poor. Research has supported this claim. We finally discuss ideas for research into lie detection based on non-verbal behaviors.

Science or pseudoscience? A distinction that matters for police officers, lawyers and judges

Scientific knowledge has been a significant contributor to the development of better practices within law enforcement agencies. However, some alleged 'experts' have been shown to have disseminated information to police officers, lawyers and judges that is neither empirically tested nor supported by scientific theory. The aim of this article is to provide organisations within the justice system with an overview of a) what science is and is not; b) what constitutes an empirically driven, theoretically founded, peer-reviewed approach; and c) how to distinguish science from pseudoscience. Using examples in relation to non-verbal communication, this article aims to demonstrate that not all information which is presented as comprehensively evaluated is methodologically reliable for use in the justice system.