Eckstein v. Kirby

It is axiomatic among communication theorists that the truthfulness of spoken language from intimate conversation to public speeches cannot be discerned simply by the words, that inflection and nuance, body language, demeanor, facial expressions, and delivery itself (particularly pauses) all play a part in any listener’s being able to judge veracity and credibility, whether to believe the speaker. That responsibility, of course, is at the core of the American jury system; fair verdicts hinge on each juror’s watching and listening to the proceedings and then exercising his or her common sense, intuition, and reason to weigh, according to the law, all the testimony delivered in open court. Jury duty, along with serving in the military, paying taxes, and voting, are fundamental privileges of American citizens.

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