Abstract
Because of health risks during the global pandemic of 2020, many fact
finding hearings previously held in-person were offered in a video
format. The return of in-person hearings is reemerging as many
practitioners contend that video hearings are inadequate for viewing
witness demeanor, thereby hindering determination of witness
credibility. This paper summarizes the best available evidence and
concludes: (1) personal demeanor is a not reliable factor for weighing
witness credibility or deception detection, (2) a variety of indicators
to be used by a “trier of fact” are more accurate in evaluating
witness credibility, (3) and a video format is more reliable than an
in-person hearing in assessing witness credibility. It concludes with an
examination of what has been learned and the opportunities recorded
video hearings offer for assessing witness credibility in the future.