La spontanéité du discours, un facteur déterminant la crédibilité des témoins

Abstract

During trials, the nonverbal communication of witnesses and their vocal characteristics, as well as other elements related to the content of their testimony, can affect their credibility. Indeed, various impressions can emerge from observing and hearing a witness. One of them, spontaneity, could contribute to the appraisal of testimonies or witnesses. However, in practice, the role of spontaneity is poorly documented. This paper aims to help fill this void. Using a qualitative and inductive approach, 47 judgments from Quebec disciplinary courts that conclude to the presence or absence of spontaneity were analysed. The results of our analysis show that spontaneity appears to be an important factor in the appraisal of testimonies or witnesses, in that spontaneity seems to be associated with veracity. Yet, the very little scientific literature on the association between spontaneity and veracity is much more nuanced. Finally, because credibility assessment is affected by many erroneous beliefs and cognitive biases, the importance of transferring scientific knowledge from the academic community to justice professionals is discussed in this paper.