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6 Am. Crim. L. Q. 175 (1967-1968)
The Trial Judge, His Facial Expressions, Gestures and General Demeanor - Their Effect on the Administration of Justice

handle is hein.journals/amcrimlr6 and id is 175 raw text is: THE TRIAL JUDGE, HIS FACIAL EXPRESSIONS, GESTURES
I wad some power the giftie gie us,
To see ourselves as ithers see us,
It wad from many en error free us,
And foolish notion. -
Robert Burns
Taking refuge behind the language of the Scottish poet, the writer
ventures to call attention to one of the most important things that occurs
in the trial of lawsuits. More important than the rules of law; more im-
portant than many of the facts of a case is the air or atmosphere the trial
judge, consciously or unconsciously, creates during the trial of a lawsuit.
Although not an expert but a trial lawyer of thirty-nine years' experience,
the writer has observed trial courts in action, in his own cases and cases
tried by other lawyers. He desires to pass on his observations, hoping
they will be of benefit to the bench and bar.
There is a story told of St. Francis of Assissi. He asked a novice one
day to accompany him down to the city where he was going to preach to
the people. The two walked about the streets of the city for several hours
in complete silence, and then started back to the monastery. The surprised
novice asked him: I thought you were going to preach to the people?
St. Francis answered: We were preaching all the time while we were
walking by the way we walked, by the way we looked and conducted our-
selves, and, without saying a single word, the people got our message.
It is the effect of this silent communication between judge and jury
on the administration of justice that the writer wishes to discuss.
It is not intended to impugn the lack of honesty, integrity or courtroom
deportment on the part of any particular trial judge or group of trial
* Senior member, Conner, Little & Conner of Oklahoma City, Oklahoma. LLB Okla-
homa University 1927; former member of Legislature and author of act creating Court of
Common Pleas; Author of State Card Digest System Criminal Law in Oklahoma with
biblical index. Since You Went Away 1946, complication of the changes by Statute and
Decisions in Oklahoma during World War II. Lt. Col. USAF (Ret.). Member of American
Bar; Oklahoma Bar; American Judicature Society; Bar of the Supreme Court of the United
States; Court of Claims; Interstate Commerce Commission; Court of Military Appeals; United
States Court of Appeals for the Tenth, Fifth and Eighth Circuits.

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