The Role of Demeanor Evidence in Determining Creditability of Witnesses in Fact Finding: The Views of ALJS

Journal of the National Association of Administrative Law Judges, Vol. 20, No. 1, 2000

94 Pages Posted: 19 Sep 2010

See all articles by Gregory L. Ogden

Gregory L. Ogden

Pepperdine University - Rick J. Caruso School of Law

Date Written: 2000

Abstract

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.

Suggested Citation

Ogden, Gregory L., The Role of Demeanor Evidence in Determining Creditability of Witnesses in Fact Finding: The Views of ALJS (2000). Journal of the National Association of Administrative Law Judges, Vol. 20, No. 1, 2000, Available at SSRN: https://ssrn.com/abstract=1678190

Gregory L. Ogden (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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