Advantages And Disadvantages Of Using Non Verbal Communication In Court Settings (Essay Sample)

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Non-verbal communication: body language
Methods and analysis
The previous chapters of this research explained in a wider perspective the nature of the research problem including a detailed introduction on the non-verbal communication that is experienced within the various level or forms of communications between people in a specific setting. The introduction narrowed down on the specific verbal cues that this research is mainly interested with and it included, sweating, shivering and eye contact. Most specifically, this research utilizes this non-verbal cues in order to exponentially, test the various outcomes that are majorly incorporated in their research problem which is the specific use of such verbal cues in the courtroom (Neuman 3). The research also proceeded to highlight on literature reviews on the topic matter. Most of the reviews provided an open ground for the research to be carried out. This section will however detail the methods of approach that was utilized and therefore go ahead to give an analysis on the findings from the research.
The methodology section refers to the overview of how the research was conducted and the specifics of how the research techniques provided a guiding way to defining the problem. Due to the demanding nature of the topic, the best research area that the research was done was on the courtroom. This is because, in order to actually understand and experience the real action of the verbal cues. The best place was where the action was in play (Chakravarty 45). Courtrooms are where suspected culprits are put on trial where attorneys interrogate them and finally a judgment is bestowed upon them basing on the evidence and the ability to defend themselves. This is the best place to watch the verbal cues in place. According to Conley and Lind in their article “The Power of Language: Presentational Style in the Courtroom.” They discuss the importance of the behavior of witnesses and lawyers while in the courtroom, they incorporate what they call “presentation style,” which is the combination of verbal and non-verbal communication. In their research, they find that a sense of fluidity is important to being perceived positively by members of the jury. In this sense, the courtrooms were the destined place to carry out the research.
Design of the research
The design in which the research was undertaken involved a qualitative approach, this is because the variables that were studied were not countable or for that fact were not in figures. The main variables were on the non-verbal cues and therefore it was essential that a qualitative approach will be automatically used. In considering the qualitative approach design, observation is deemed the best form of acquiring information. Observation involved that the subjects in play were just been seen and the reaction or observations were made (Neuman 7). The research also involved the use of secondary sources of information as another form of gaining insights of the problem. Therefore the resources from books and articles such as “Nonverbal Communication from the Other Side: Speaking Body Language” by John Barkai were frequently referred to.
Delineation of the study
In regard to the research problem, the court setting was strictly observed. This involved the careful consideration of three major actors in the courtroom, that is, the presiding judge, the accused and the attorneys (from both prosecution and the defendant sides). The study was aiming to establish the various behavior between the concerned parties and more specifically their nonverbal behavior that relates to the movement of the body, sweating, anxiety among other non-verbal cues that are associated with the behavior of the individual. A separate form representing the three parties were designed, these forms were each incorporated with the various non- verbal cues that could be associated with the action of the individual either to indicate which indicates when a person lies or when he or she is actually saying the truth. The main concern point was on the suspect side because the research believes that when and individual is confronted with allegations, he or she may decide to lie in order to abate the act (Kassin 42). Therefore, critical attention was paid to the suspect to check whether he or she would lie.
Sample of the population
Because of the limited time and resources, the research could not have been carried out to in the entire legal systems in the region. I decided to take a sample of the courts just to represent the whole. There were considerations however which I took into place, for instance the location of the courts, I had to take a sample of courts which were just within the proximity of the school. Courts around the school implied that there was no much spending on resources such as time and money. The other consideration was on the magnitude of cases, through secondary sources, I found out that most court sittings are to do with legal matters, that is, most times courts hear and determine cases that are to do with the interpretation of the law, this sittings were not sufficient to warrant the findings that I was looking for. The best suitable cases for the study were the ones related to serious crimes allegedly committed by the accused (Porter 120). Such cases include murder, robbery and theft. These at least could shake the nerves of the accused to behave in a certain manner, mostly non-verbal behaviors. The cases were identified by visiting the courts premises and viewing scheduled dates of the cases as pinned on the notice boards.
Sample techniques
I carried a research on 10 of the surrounding courts, of which they were within my reach and of course those that were determining on heavy cases with counts that were affecting an individuals. The courts were both from the local courts to the courts of appeal and the supreme court.
Data collection
As said earlier, observation was the method for collecting data, the information gathered was noted down in a form. The form contained all the addressed concerns mostly emanating from the research questions. Which were:
1. Can the body language of defendants during court procedures, which are sometimes deliberate, unfairly sway the jury’s decision during sentencing?
2. Within the understanding that nonverbal cues are misinterpreted and individuals can deliberately infer different nonverbal cues about their emotions, should juries be briefed on body language and facial expressions prior to court procedures in order to remain impartial? Is there a possibility for this to alter sentences, despite stereotypical factors like race, sex, gender and ethnicity of the individual.
Data analysis
After collecting the data from the 10 courts, the next step was to analyze the data. Since this was a qualitative form of research, the results were subjected to analysis techniques to determine the behavioral relationship between the different cases and subjects (suspected criminals) it was also scrutinized to ascertain on the other various theories that relate non-verbal cues to represent a sense of truth in the accused.
Findings
The research was aiming to establish the use of nonverbal communication in the courts to determine the outcome and eventually aid the judge in making a ruling. In the past however, such incidences of reading nonverbal cues by the judge has led to dangerous implications in the sense that some cases have been rule otherwise. This according to Stephen and Learne is caused by lack of informed insights regarding the proper way of making judgment basing on the external behavior of an accused. Either they claim that the several judgments, which have been made basing on the use of non-verbal cues by the judge, have been appalled or appealed because the accused turned convict is firmly certain that they are wrongly detained (Porter 60). The use of non-verbal behavior to make judgment if not always need a critical analysis and an in depth approach, for instance, when someone is being put on trial and he or she appears to be sweating and at the same time denying the accusation. The rule of thumb always is that the accused is lying, it is though sometimes true. However, some accused people when facing trial tend to be nervous and afraid, this could also purport that the accused is lying. When judgment is imposed to convict the person? This will in turn be termed as dangerous or wrongful judgment.
This research was aiming to resolve this issue by first identifying such factors and the overall behavior of the individual before being put to trial. In the second research question, the parameters that deal with the sex, gender and ethnicity were put to test by observing the cases of individuals who portrayed these characteristics (Kassin 44). This is due to the fact that tension level have been largely attributed to these parameters and therefore issues such as anxiety leading to sweating for an innocent accused can be factored in not to mean that the individual is lying. The result showed that high prevalence of cases of sweating is caused by the individuals mind agility to the outcome of the case (Knapp 15). In one particular case in which a native black American was falsely accused in a robbery incident that lead to the death of the shop attendant, the accused seemed profusely sweating throughout the trial. Before the final judgment was given, the prosecution got a hold of a surveillance camera that showed that the accused only got up in the robbery because he was within the shopping Centre. The reason that his non-verbal behavior seemed to indicate otherwise was because of what he had anticipated will likely happen to him and also considering his racial, background.
The other finding from the research showed that the relationship between, parties, especially the accused and witness...