The Psychology of Fairness, From Perception to Reality
In the courtroom, judges are perceived on many levels based on a variety of factors, from attire to attitude. In addition to a black robe and judicial demeanor, observers interpret proceedings through a judge's verbal and nonverbal cues. From statements to silent sentiment expressed through emotion, observers (including jurors) follow the judge's lead regarding everything from evidentiary relevance to importance.
Accordingly, when the stakes are high and emotions are higher, a judge's behavior can make or break the perception of justice.
The Importance of the Judge's Robe
The black robe symbolizes independence and integrity. Decision-making without fear or favor. In a world where optics matter, judges wield influence through their unique attire, distinguishing their role from all others.
True, many types of professionals are identified through uniform.
From construction workers in bright orange vests and hard hats to medical professionals wearing scrubs, we distinctly recognize occupation through apparel.
Some professionals command immediate authority through attire, such as police and military officers who convey power through presence.
But even their power is subject to an important position of oversight, by the brave men and women in black — the black robe that is.
Research explains:
The Court of Public Perception
In court, judicial symbols can impact perceptions of justice, particularly when court cases are televised. Ryan C. Black et al. (2024) examined how televised oral arguments impacted public perception of judicial legitimacy.
Recognizing that cameras in the courtroom can impact the perception of the judges being filmed, they manipulated different camera angles, as well as tested the impact of audio only or video clips, on perceivers witnessing a real exchange between an attorney and a judge that was either neutral, or contentious.
Black et al. (ibid.) found that static camera angles did not influence perceived judicial legitimacy, but dynamic angles might have a limited impact.
Regarding tenor and tone of the courtroom exchange, they found that viewers watching a neutral exchange could experience a higher perception of judicial legitimacy, as compared with listening only. They explain that video is processed more superficially which makes it more believable than audio.
Regarding the level of contention in the courtroom, Black et al. (supra) found that watching a contentious exchange could lessen judicial legitimacy, a result that could be tempered by use of judicial symbols, which could mitigate the negative impact of contentious content.
They note that judicial symbols include robes, placement on a raised dais, and being addressed as "your honor."
But other nonverbals matter too.
More Than Words
Ann Burnett and Mateusz Badzinski (2005) explored the impact of judicial nonverbal communication on jurors in "Judge Nonverbal Communication on Trial: Do Mock Trial Jurors Notice?"
In their study, 80 mock jurors viewed pre-taped segments of direct and cross examinations that included different levels of judicial nonverbal reactions.
They found that jurors notice judicial nonverbal cues, especially when they are negative.
Although all of the taped judges received approximately the same number of comments, the ones displaying less nonverbal involvement received a greater number of negative comments. Accordingly, they note the importance of judges intentionally focusing on how to minimize the influence of their nonverbal communication on jurors.
The Power of Judicial Presence on the Perception of Justice
Apparently, judges who convey a positive presence and demeanor can soften adverse rulings, demonstrate respect for parties and litigants, and moderate resulting reaction and emotion in the courtroom and in the court of public opinion.
Combined with affirmative verbal and nonverbal engagement in the proceedings, judges can maximize positive influence in seeking justice for all.
This article was originally published in Psychology Today, and is used with the permission of its author.
Wendy L. Patrick, JD, MDiv, Ph.D., is an award-winning career trial attorney and media commentator. She is host of "Live with Dr. Wendy" on KCBQ, and a daily guest on other media outlets, delivering a lively mix of flash, substance, and style. Read Dr. Wendy L. Patrick's Reports — More Here.
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