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Judges and Judiciary

Sep. 8, 2004

Can Demeanor Provide a Clue to a Witness's Veracity?

What you hear the trial judge say at the conclusion of the witness's testimony: "Thank you. You may step down ..."

2nd Appellate District, Division 6

Arthur Gilbert

Presiding Justice 2nd District Court of Appeal, Division 6

UC Berkeley School of Law, 1963

Arthur's previous columns are available on gilbertsubmits.blogspot.com.

UNDER SUBMISSION

What you hear the trial judge say at the conclusion of the witness's testimony:

"Thank you. You may step down ..."

What you would hear if the judge gave voice to the raging thoughts he tied to a post in his mind is:

"... you lying piece of offal."

The judge ultimately enters judgment against the party for whom the witness testified. On appeal, the appellate court affirms the judgment because sub...

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