在评估证人的信誉时使用非语言沟通:从法庭的角度来看
Vincent Denault1, Chloé Leclerc2, Victoria Talwar1
1Department of Educational and Counselling Psychology, McGill University, Montreal, QC, Canada.
概括
这项研究表明,许多法官对非语言沟通和证人的可信度持有与科学证据相矛盾的信念,这可能会影响正义. 调查结果突出了对对抗性法律制度的担忧.
科学领域:
- 法律心理学 法律心理学
- 司法行为 司法行为
- 非语言沟通研究 非语言沟通研究
背景情况:
- 法庭对证人的可信度的评估依赖于非语言沟通的法律规则.
- 关于法官在法庭审判中如何利用非语言线索的数据有限.
- 现有的研究突出了法律标准与科学理解非语言行为之间的差异.
研究的目的:
- 调查法官在法庭审判中的非语言沟通的实际应用.
- 将法官的信仰和实践与关于非语言线索和可信度的既定科学文献进行比较.
- 在司法评估中识别潜在的偏见或误解.
主要方法:
- 在北克省对法官进行了一项在线调查.
- 该调查评估了法官对非语言沟通的理解和应用,以评估证人的可信度.
- 数据分析的重点是将调查答案与科学发现和法律标准进行比较.
主要成果:
- 很大一部分法官持有与科学文献不一致的关于非语言沟通的信念.
- 许多法官对非语言线索的看法与已建立的心理学研究不一致.
- 在被调查的法官中,对非语言行为文化差异的意识似乎有限.
结论:
- 司法依赖科学不支持的关于非语言沟通的信念对公平审判程序构成风险.
- 这些发现表明,需要对基于证据的可信度评估进行司法教育.
- 解决这些差异对于保持对抗性司法系统的完整性至关重要.
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