11709 - Cultural diversity: the role of the judge in ensuring a fair trial
It is a legitimate part of the jury’s role, in assessing a witness’s credit, to take account of observations that are made of a witness’s demeanour and behaviour in the witness box. However, behaviour and demeanour are influenced by culture. Demeanour that may seem evasive or uncertain to a dominant culture may, in fact, be courteous and deferential responses for individuals from other cultural backgrounds. If the jury is not aware of these differences in cultural norms and behaviour, there i...