COVID-19 and the courtroom: exploring the effects of camera angle on jury perception of expert witness credibility during virtual testimony

Abstract

Since the onset of COVID-19, expert witness testimony has been delivered virtually in judge-alone trials in Ontario with increasing frequency. It is unknown how controllable technological factors in the virtual environment – such as camera angle – may influence jury perception of expert witness credibility. This study assesses whether camera angle has a significant effect on juror perception of expert witness credibility. Jury-eligible participants from Ontario (n = 72) acted as mock jurors in four mock drug trafficking trials involving the same virtual forensic toxicology testimony. The control group (n = 34) watched an expert who was shown from the mid-chest up, whereas the experimental group (n = 38) watched an expert who had their camera angle set to show only their head. Using the Witness Credibility Scale (WCS), participants assessed expert credibility by completing 20 Likert-scale questions related to the expert’s knowledge, likeability, trustworthiness, and confidence. A Mann-Whitney U test indicated no significant difference between the control and experimental groups (p = 0.66, p > 0.05). Therefore, camera angle has no significant impact on juror perception of expert witness credibility, suggesting that experts can use either angle when testifying virtually. This research may help to inform future best practices for virtual expert testimony, enhancing quality and standardization.