THE MEASURE OF THE JUDGE : AN EMPIRICALLY-BASED FRAMEWORK FOR EXPLORING TRIAL JUDGES ' BEHAVIOR

The courts, legal practitioners, scholars, and social scientists have longrecognized that judges' behavior, both verbal and nonverbal, may have importanteffects on trial processes and outcomes. For example, appellatecourts have cautioned repeatedly that juries in criminal trials accord even themost subtle behaviors of the judge great weight and deference. One judgeconcluded that juries "can be easily influenced by the slightest suggestioncoming from the court, whether it be a nod of the head, a smile, a frown, or aspoken word."