Deception and Lie Detection in the Courtroom: The Effect of Defendants Wearing Medical Face Masks

• Published in: Journal of applied research in memory and cognition Vol. 10; no. 3; pp. 392 - 399
• Main Authors: Vrij, Aldert, Hartwig, Maria
• Format: Journal Article
• Language: English
• Published: United States Elsevier Science 01.09.2021; Elsevier Inc; Society for Applied Research in Memory and Cognition; Society for Applied Research in Memory and Cognition. Published by Elsevier Inc
• Subjects: Adjudication; COVID-19; COVID-19 Special Forum; Deception; Decision Making; Defendants; Human; Juries; Jury decision making; Lie detection; Nonverbal behaviour; Nonverbal Communication; Personal Protective Equipment; Polygraphs; Signal Detection (Perception); Signal Detection Theory; COVID-19; Signal Detection Theory; Jury decision making; Deception; Nonverbal behaviour; Lie detection
• ISSN: 2211-3681; 2211-369X
• DOI: 10.1016/j.jarmac.2021.06.002

During the COVID-19 pandemic, defendants and witnesses (as well as the prosecution and defense counsel) may wear medical face masks to prevent the spread of the virus. Alternatively, courtrooms proceedings may take place virtually. In this article, we discuss how these deviations from normal procedures may affect jurors' lie detection ability and decision-making. Although research addressing this specific question does not exist, we are able to formulate an informed view based on the extensive deception literature. Since nonverbal signs of deception in the face and body are virtually absent, we conclude that medical face mask-wearing or virtual courtroom proceedings will not hamper jurors' lie detection abilities. If jurors can hear the speech well, they may become better at detecting deception if they pay more attention to speech content, which may occur as a result of mask-wearing in the courtroom. General Audience Summary During the COVID-19 pandemic, defendants and witnesses (as well as the prosecution and defense counsel) may wear medical face masks to prevent the spread of the virus. Alternatively, courtrooms proceedings may take place virtually. In this article we discuss how these deviations from normal procedures may affect jurors' lie detection ability and decision-making. Although research addressing this specific question does not exist, we are able to formulate an informed view based on the extensive deception literature. Since nonverbal signs of deception in the face and body are virtually absent, we conclude that medical face mask-wearing or virtual courtroom proceedings will not hamper jurors' lie detection abilities. If jurors can hear the speech well, they may become better at detecting deception if they pay more attention to speech content, which may occur as a result of mask-wearing in the courtroom.