Judges must be trained. This is an issue underlined during the discussions surrounding the establishment of a court specializing in matters of sexual or conjugal violence. The news of the past few days has brought the question to the fore. According to some politicians and lawyers who spoke in the media, continuing education would be the solution to bring about a “change of culture” in the justice system. However, this view is magical thinking.
For nearly 10 years, many of my works have focused on erroneous beliefs, stereotypes and prejudices that can distort the outcome of trials. Take the example of looking away. Many believe this to be a sign of lying. This belief exists in dozens of countries. However, it is wrong. Both an honest and dishonest individual may look the other way when talking to you. Scientific research shows that there is no behavior similar to Pinocchio’s nose. An individual’s culture, for example, can influence their outlook. But at trial, when a judge mistakenly believes that looking away is a sign of lying, the credibility of an honest witness who looks away can be reconsidered, whether the witness is the plaintiff or the defendant. ‘accused. The outcome of the trial may thus be distorted.
According to the Supreme Court of Canada, “credibility is a pervasive issue in most trials, which at its broadest scope may amount to a determination of guilt or innocence.” The issue is therefore not insignificant. Especially since looking away is only one of the erroneous beliefs that can affect credibility. Hesitation and nervousness, for example, are associated with dishonesty and spontaneity with honesty. Yet honest witnesses can be hesitant and nervous, and dishonest witnesses can be spontaneous.
Added to this are stereotypes and prejudices that can also influence the credibility of witnesses, for example with regard to their choice of words, even if this is dependent on their education. Justice professionals, both lawyers and judges, are not immune to these stereotypes and prejudices. The problem is not unique to Quebec. I want to make that clear.
Among the trials where these erroneous beliefs, stereotypes and biases can be particularly damaging, think of those where the evidence is limited to the word of one against the word of the other, without any additional physical or testimonial evidence. A large number of trials involving sexual or domestic violence are of this nature. Their outcome then depends on the credibility of the witnesses.
Continuous training obviously makes it possible to make justice professionals aware of this issue, which, of course, should not be neglected. However, a training of a few hours or a few days cannot destroy erroneous beliefs, stereotypes and prejudices acquired over the years, both in everyday life and in the practice of law, erroneous beliefs, stereotypes and prejudices which influence justice professionals, sometimes without them even realizing it.
I’ve said it before, I’ve written it before: there is an urgent need for undergraduate law programs to include at least one required course on the erroneous beliefs, stereotypes and prejudices that taint the justice system so that evidence from scientific research is an integral part of the foundation of students’ legal knowledge. Because right now, the programs prioritize the in-depth study of law.
When it comes to erroneous beliefs, stereotypes and prejudices, students are left to their own devices, and in the job market, even worse, continuing education sometimes promotes them. Even today, in 2022, an online training course from the Barreau du Québec affirms, for example, that “paying attention to non-verbal language informs about the veracity of your client’s words”, and this, even if scientific research shows that such a statement about lie detection is worthy of the Middle Ages.
Faced with such facts, politicians and lawyers must stop placing blind faith in continuing education. To hope for a real “change of culture” in terms of sexual or domestic violence, the erroneous beliefs, stereotypes and prejudices that taint the justice system must be addressed in a comprehensive way, without restraint, from the beginning of the university course of the students. place. To promote better administration of justice, and public confidence in the system, we must put an end to the magical thinking of continuing education.