While research to date cannot tell someone what nonverbal behavior means, we can explain how nonverbal behavior is interpreted. Therein, lies a big difference. Knowing how your expert witness may be perceived by the jury based upon their nonverbal style can be very beneficial.
Women tend to pay closer attention to nonverbal cues than men. Therefore a jury consisting of several women may scrutinize the witness’s performance more closely than male jurors. When verbal information and nonverbal information contradicts, research shows that persons tend to believe the nonverbal cue. Naturally sincerity and a belief in what one is testifying about will generate testimony that has verbal and nonverbal harmony. However, testimony can be improved with practice. Some important aspects of testimony to consider are voice, gestures, and facial expressions.
Nerves often cause shallowness or shortness of breath which signals frustration, fatigue, and a sense of helplessness. The more nervous the witness is, the faster he/she will tend to speak. The question – response format of trial testimony will often prohibit this from being a problem. However, there are times when the expert is given free reign to explain procedures when the expert needs to remember that while he/she works with that kind of information daily for jurors, it is like learning a foreign language. Slower speech shows conviction, thoughtfulness, sincerity, and gives the jurors the opportunity to digest what is being said. Isometric exercises such as slowly inhaling and exhaling before taking the stand will help slow down speech.
Sheer volume gives power to influence. Volume tends to reflect authority and if the witness does not speak loud enough, he/she may be interrupted and requested to repeat the same information. When the voice is soft the witness appears to cower to a state of helplessness, defenselessness, that says, "Don’t attack me," Wherein a projected voice shows power. Women, particularly should be cautioned to speak up. The acoustics in the courtroom may not be the best and hearing impairments should be taken into consideration.
Changes in pitch are known as inflections. Nothing can put someone to sleep faster than a monotone voice. Changing the rate and volume of one’s voice provides variety and may also convey a message about the witness’s personality to the jury. The "way" something is said may suggest to the jury that the witness is jovial, sincere, sarcastic, or angry. For example, people interpret pauses taken between a question and the expressed answer. Too long of a pause registers pomposity, exaggeration, and deceit. When a short pause is used the person is thought to be organized, together and definite. Silence is best when thinking of a response rather than filling the void with utterances "ah," "um," and so forth. Silence commands respect and keeps persons I suspense. Vocal fillers, on the other hand, may be construed as lack of knowledge or poor ability to speak.
There are particularly effective gestures that may accompany oral testimony that enhance the expert witness’s authority. Gestures can entail not only body movements but eye contact and facial expressions. Nonverbal gestures carry the most influence when they are natural and harmonize with the message. It is important to appear open. Tightly clasped hands and crossed legs cause the witness to appear defensive and/or tense.
Hands should be used freely as one would in other conversations, (provided you don’t "talk with your hands"). It is best to do what seems the most natural. A person can become so preoccupied with "do’s and don’ts" that they simply add additional stress to the situation. However, a particularly effective gesture is called, "Steepling". Fingertips together, palms apart, one touches the fingertips together in a raised position and the closer to the chin one exhibits steepling the more confident and important the person is thought to be. Thoughtfulness and evaluation are often conveyed by hand-to-face gestures such as stroking the chin.
People regard facial expressions as more trustworthy than words. As a child, we are often told to "wipe that look off our face" or "don’t look at me that way" because facial expressions convey more information than our words. A fleeting expression will hint at the truth of a situation before the person gains control over their facial expression. This lack of synchronization between the words being expressed and the facial expressions may create some question in the minds of the jury about the accuracy of the testimony.
It is only natural to look away frequently when organizing one’s thoughts. To gaze into the eyes of listeners while speaking may result in information overload because we are always monitoring our audience for feedback. However, from eye contact we are able to tell whether the audience understands what is being shared. Eye contact should be done with frequency rather than consistency. The more familiar one is with the testimony, the better the witness will be at maintaining frequent eye contact with the jury.
Videotaping the expert witness’s testimony may give insight as to which mannerisms and expressions are an asset and which one requires remedial action. Trial consultants provide advice about such matters. Like all other things, testimony can be improved with practice. Practice enables the witness to relax and be confident in their own knowledge.
To conclude, ponder this thought: While details of ones testimony are important, many jurors believe the testimony of the expert whom they like the best. Personality seems to have a terrific impact on believability. Those experts that appear more charismatic, honest, friendly, and helpful seem to endear themselves to the jury. Which just goes to show that knowledge and communication is a dynamic duo. Absence of either could be deadly.
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