Book Review of Reflections on judging. By Richard A. Posner. Cambridge, Mass.: Harvard University Press. 2013. Pp. 366. Reviewed by Kiel Brennan-Marquez.
This Article challenges the conventional wisdom that defendant demeanor—affect, body language, and physical appearance—helps juries assess guilt. On the contrary, we show that demeanor evidence poses an inherent risk of propensity-based reasoning. It invites jurors to convict defendants based on...