Wednesday, October 14, 2015

Judge Bennett on Witnesses, Psychology and Credibility

As many of you know Federal District Court Judge Mark Bennett (N.D. Iowa) is also a legal scholar who frequently publishes work in the employment field, and we have blogged here about his superb scholarship.  I wanted to highlight another piece of his that was recently put on SSRN, and which appears in the American University Law Review.  This article, Unspringing the Witness Memory and Demeanor Trap: What Every Judge and Juror Needs to Know about Cognitive Psychology and Witness Credibility, provides a fascinating look at the importance of evaluating witnesses and determining credibility issues.  Though the vast majority of employment cases fail to make it to trial, these credibility determinations are of critical importance in those cases that do find their way to a jury.  Witness credibility is often determinative in workplace disputes, and this article helps shed light on this important issue.  It is definitely worth taking a look at if you have the time.

- Joe Seiner

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