Signs of Deception
Most people are not successful at spotting deception unless the liar is extremely uncomfortable. Even trained interrogators have difficulty catching seasoned liars, who control their body language, remain comfortable while lying and have previously thought through their answers. There are, however, some methods which may indicate deception but are unreliable on their own and must be considered in a fuller context.

Sometimes people avert their eyes or cover their mouth when they are lying. Rapidly blinking eyes, a stiff, tense body, motionless hands, rapid facial twitches, distorted enunciations due to a dry mouth, quicker speech and a higher pitched voice are signs of nervousness, but not a clear indication of deception, especially given that jurors are often uncomfortable when asked personal questions in front of a group of strangers in a courtroom.

To accurately identify a lie requires reading the flow of emotions, such as distinguishing varying levels of nervousness when different questions are asked, and knowing if the expressed emotion is natural or forced. This is easiest for intuitive people who are more in touch with their own feelings. When telling the truth, people will express congruent emotions while speaking, whereas emotions are typically delayed a few seconds after telling a lie; there is a disparity between language and emotion.

If a juror shows several signs of deception in a short period of time or if one signal is repeated over time, when a certain issue is discussed, it is more likely that the juror is actually lying about that topic.

Lying Gestures
One of the endearing things about children is that they are so honest with their statements. They have not yet been socialized to tell polite white lies nor have they mastered deception. The subconscious mind does not like to see distasteful events, so children will look away when they are lying to their parents. Children will also block words they do not want to hear by covering their ears. And children may cover their mouth with one or both hands, as the subconscious tries to stop a lie.

This behavior continues into adulthood, just masked a bit. The gestures are more subtle, but face touching is generally indicative of deception and other anxiety-laden emotions. To help you remember the following gestures, think about the ancient phrase “see no evil, hear no evil, speak no evil.”

Rubbing an Eye (See No Evil)
Men will rub just under their eye when lying and women will touch the same area more gently, perhaps as not to smear their make-up. If an a juror actually looks away while answering, check to see if they are focusing on something to clarify their thoughts and then returning to look the person in the eye to answer or if they are nervously looking from object to object, avoiding eye contact with the attorney. The latter indicates a more serious lie.

Eye Movement
People typically look towards the same side when recalling a fact and will often look to the other side when fabricating a lie. Most right-handed people look to the observer’s right (the speaker’s left) or straight ahead when recalling a fact and look to the observer’s left (the speaker’s right) while fabricating a lie. It may be reversed in left-handed and artistic people.

Interrogators will establish a baseline first, by asking neutral questions which require a person to visualize a memory which is not readily accessible, thereby indicating where that person looks when recalling a factual memory. However, this is more difficult for an attorney during voir dire since the remaining jurors will think about their responses when it is first asked. Therefore, attorneys should first ask baseline questions of jurors they already suspect of deception. For example, “what were your typical job duties while working for Sears (past employer x)?” and “what year did you begin your employment there?” Assistants can watch where the other jurors look when they first hear a baseline question asked of another juror.

Touching the Ear (Hear No Evil)
Jurors may tug at their earlobe while they are experiencing anxiety, as the subconscious tries to block an objectionable sound. This is the adult version of children covering their ears when they do not want to hear something. Jurors who disbelieve a witness or attorney may also touch the back of their ear, insert a finger into an ear or fold their ear forward, over the ear hole. These gestures may also indicate that a juror has heard enough or wishes to speak.

Covering the Mouth (Speak No Evil)
People will sometimes clasp a hand over their mouth after saying something they wish they had not said; blurting out a secret, for example. The subconscious will also block the mouth when a person is lying or they think someone is lying to them. Jurors may place a finger to their lips, as if they are shushing the speaker or they may cover their mouth with their hand, several fingers or a closed fist. Self-aware people may try to conceal this gesture with a fake cough, as actors do when portraying deceit.

If a juror places a finger inside his mouth or bites on fingernails, it is a sign of insecurity. It is the adult version of childhood thumb sucking. This person needs more information to be reassured.

Touching the Nose
When Bill Clinton testified about his affair with Monica Lewinsky, he touched his nose every four minutes when lying, but rarely touches his nose when telling the truth. Blood pressure goes up when a person lies and otherwise feels anxious, angry or upset, which causes a tingling in the nose. People will often lightly touch the underside of their nose, by the nostrils, to satisfy this itch. This touching is quicker and gentler than the more deliberate, vigorous, repetitive rub to satisfy a typical itchy nose. It may occur several minutes after the lie, when the attorney is speaking with another juror.

Touching the Neck
When a person feels anxious, blood also rushes to the face and neck, sometimes causing a visible blushing and raising the temperature of the face by several degrees. This is visible on infrared cameras and is thought to be as accurate as polygraph tests at identifying deception. When people are angry or frustrated, i.e., “hot under the collar,” they may pull at their collar to cool off.

Jurors who scratch their neck may feel doubt or uncertainty. They will typically scratch just under their ear about five times. Reassure these jurors by explaining a point in a different way.

Deceit Distinguished from Boredom and Evaluation
People touch their faces when bored and thinking, so it is important to distinguish boredom and evaluation gestures from deceit in the context of voir dire. In general, when people support their head with their hands, they are bored. When the hand or fingers merely touch the cheek, jaw or chin, without supporting the head, jurors are interested in the proceedings.

Filed under: Body Language, Deception, Jury Selection by admin