Facial expressions that are inconsistent or inappropriate for the circumstances reduce credibility. For example, the witness who has a small smile while describing the loss of a loved one is showing an inappropriate facial expression. While this type of smile may just reflect nervousness, it appears to jurors as reflecting a lack of genuine loss on the part of the witness. Eye contact enhances credibility. Maintaining a moderate to high level of eye contact with attorneys and the jurors when giving answers promotes credibility.
Problems arise when witnesses avert their eyes at key parts of their answers.
Consistency between what is being said and how it is being said is critical for effective communication. For example, witnesses who express outrage, while exhibiting a calm demeanor, lose credibility points with the jury. The inconsistency in emotions and supporting body movements not only appears with the absence of supporting body movements but also with delayed body movements. Feedback Providing feedback to witnesses after the previous steps is crucial to the LOFT model and requires the skills of both a lawyer and a psychologist. You must be sensitive to the differing levels of ability of the witnesses to hear the feedback in a nondefensive manner.