The Role of Demeanor Evidence in Determining Credibility of Witnesses in Fact Finding: The Views of ALJs

Prof. Ogden presents the views of administrative law judge’s on the role of demeanor evidence in determining the credibility of witnesses’ testimony in fact finding. The opinions of administrative law judges add an important new perspective on the issue of whether demeanor evidence increases the accuracy of credibility determinations. The views of administrative law judges were determined through the techniques of survey research, utilizing a questionnaire.

After defining demeanor evidence for purposes of the study, Ogden explains the administrative law principle of judicial review that gives weight or deference to credibility determinations based on demeanor evidence. A statistical analysis of the gathered data is provided which demonstrates that administrative law judges view demeanor evidence to be of relatively low value. This finding warrants further study of the fact finding process as well as the process of determining credibility.