| When I became a family law attorney/mediator after | | | | dramatic and demanding, with superficial charm and |
| a dozen years as a therapist, one of the biggest | | | | seductiveness. They are skilled at lying and |
| surprises was the extent of lying in Family Court: lies | | | | self-deception. Fabrication is also common. |
| about income, assets and even complete fabrications | | | | Detecting Deception. Few people can visually detect |
| of child abuse and domestic violence. Why would | | | | deception. Research on judges, federal polygraphers, |
| people lie so much, I wondered? How did they get | | | | psychiatrists and college students showed that all |
| away with it? The following is my psychosocial | | | | were no better than chance using a standardized |
| analysis of what I believe has become an epidemic: | | | | videotape test. Only Secret Service Agents were |
| Men lie: It was a sad phone call from a relatively new | | | | better than average at distinguishing truth and lies. |
| client. He informed me his father had just died. He | | | | Some studies show that the more confident a |
| had quit his job and was moving back east to wrap | | | | person is, the less effective they are at lie detection. |
| up his father's affairs. He asked me to tell his wife's | | | | Studies of police investigators and customs |
| attorney that he would not be able to pay child | | | | inspectors found that those with more experience |
| support for their three young children for a long time. | | | | were less accurate than novices. |
| (There was no support order yet.) | | | | Ineffectiveness of Non-Verbal Cues. Many people |
| The next day, his wife's attorney called me back and | | | | believe they can determine whether someone is lying |
| described how upset his wife was to learn of her | | | | by observing non-verbal behavior, such as: touching |
| father-in-law's death. So upset, that she had called his | | | | their face, blinking their eyes, suddenly itchy nose, |
| father -- and had a nice chat! | | | | neck-scratching. |
| Women lie: A mother involved in a custody battle | | | | These behaviors indicate anxiety, which most people |
| told the court in dramatic detail about physical abuse | | | | experience when then lie. However, most people |
| at the hands of her husband. She even submitted | | | | display anxiety when they are under any pressure, |
| reports of visits to doctors and emergency rooms | | | | such as being challenged about their honesty. |
| for her bruises. | | | | Therefore, these symptoms are unreliable. |
| However, a court-ordered psychological evaluation | | | | Studies show that the only way non-verbal cues may |
| determined the allegations were false. The court | | | | be truly helpful is to observe a person over time. |
| agreed and awarded custody to the father. A few | | | | Their changes in non-verbal behavior may be a more |
| weeks later the mother picked up the children from | | | | accurate indicator of lying. An additional problem is |
| school and disappeared for a year. She was caught, | | | | that those with antisocial personalities actually |
| sent to jail for parental kidnapping, and the children | | | | become less anxious when they lie, and therefore do |
| returned to the father. | | | | not exhibit behavioral cues and do not register |
| Societal Increase in Lying. Surveys show that lying | | | | anxious symptoms on lie detector tests. |
| has increased over the past decade. In 1999 alone: | | | | Effectiveness of Examining Records. Studies have |
| the President was tried in Congress for perjury; a | | | | shown that examining documents for contradictions |
| popular journalist in Boston was publicly fired for | | | | has been more reliable than focusing on non-verbal |
| fabricating heart-rending stories; and a scientist was | | | | cues. In fact, they have found that evaluators were |
| exposed for falsifying research on a high-profile | | | | best at lie detection when they were blind to |
| safety issue. | | | | nonverbal cues. Those who just read transcripts |
| We have become a society of individuals. Personal | | | | were the most accurate. |
| gain is more important than community values. In this | | | | What Can Be Done? The adversarial process naturally |
| mobile "information age," we rely on strangers and | | | | encourages lying: winning is the goal, liars get equal |
| are easily fooled. In business, politics, and the movies, | | | | time, and the most skillful adversary wins -- |
| winning is everything. Successful manipulation and | | | | regardless of the truth. To overcome this inherent |
| deceit are admired. In court, lying is often rewarded | | | | problem, we need: |
| and rarely punished. | | | | More use of mediation: Mediation and negotiation |
| No Penalty for Perjury . Divorce Courts rely heavily | | | | focus on problem-solving for the future. Lying about |
| on "he said, she said" declarations, signed "under | | | | the past has little relevance. The parties know the |
| penalty of perjury." However, a computer search of | | | | lies and do not tolerate them. |
| family law cases published by the appellate courts | | | | More judicial time: Most divorce court decisions are |
| shows only one appellate case in California involving a | | | | made in 10-20 minute hearings. Judges must |
| penalty for perjury: People v. Berry (1991) 230 Cal. | | | | determine the custody and visitation schedule, the |
| App. 3d 1449. The penalty? Probation. | | | | amounts of child support and spousal support, and |
| Perjury is a criminal offense, punishable by fine or jail | | | | often whether restraining orders are appropriate. |
| time, but it must be prosecuted by the District | | | | There is little time to analyze each declaration to |
| Attorney--who does not have the time. Family Court | | | | determine who is lying. Judicial lectures alone have |
| judges have the ability to sanction (fine) parties, but | | | | little impact or the opposite effect on personality |
| no time to truly determine that one party is lying. | | | | disorders. More judges with more time could reduce |
| Instead, they may assume both parties are lying or | | | | lying from the start. |
| just weigh their credibility. With no specific | | | | More attorney research: Attorneys often advocate |
| consequence, the risks of lying are low. | | | | for their clients' statements without investigation. |
| Personality Disorders and Patterns of Lying. Family | | | | They often assume they will never know who is |
| Courts see everything: from small deceptions about | | | | telling the truth. Instead, they should learn about |
| income to the complete fabrication of abuse. The | | | | personality disorders and patterns of lying, more |
| increase in lying seems to correspond with the rising | | | | carefully question their clients, and more aggressively |
| number of people with personality disorders. They | | | | seek corroborating evidence. |
| often have internal distress, less empathy for others, | | | | More therapist awareness: Therapists are trained to |
| a highly adversarial world view, an intense and | | | | form impressions based on interpersonal observations |
| manipulative nature, and a sense of victimization | | | | rather than external evidence. They form strong |
| which they use to justify harming others. Studies | | | | bonds and believe their clients. They can provide the |
| show they have identifiable and predictable patterns | | | | court with observations of their own client's behavior, |
| of lying: | | | | but should not reach conclusions based on hearing |
| A party with a Borderline Personality Disorder may lie | | | | one side. They need to be more wary of |
| out of anger or even self-deception in an effort to | | | | manipulation in court cases. |
| maintain a bond with their child or spouse--or to | | | | More consequences: It is an established dynamic of |
| retaliate for abandonment. Battles over custody and | | | | human behavior that rules made, but not enforced, |
| visitation are common. | | | | are increasingly broken. Lying in court is already illegal. |
| One with a Narcissistic Personality Disorder may lie to | | | | So long as there is no penalty for perjury, lying will |
| boost themselves or to put other people down. They | | | | increase. Family Court sanctions (fines) should be |
| enjoy manipulating the truth and other people's lives. | | | | used for lying. |
| They may experience excitement and a sense of | | | | More training: Court-related professionals need to |
| power by successfully fooling the court and | | | | realize that you cannot tell who is lying by simple |
| dominating the other party. An Antisocial Personality | | | | observation. Yet one can learn personality dynamics |
| Disorder is characterized by deception, manipulation, | | | | which help indicate who might be lying, patterns of |
| and disrespect for authority. Commonly known as | | | | lying and where to look for evidence. |
| "con artists," they are skilled at breaking the rules. | | | | Resources. To be honest, studies referenced in this |
| They fabricate detailed events and use the courts to | | | | article came from: Lies! Lies! Lies! The Psychology of |
| get revenge or money. Their lack of empathy makes | | | | Deceit by Ford (1996) and Communication in Legal |
| them constant liars -- and often violent. | | | | Advocacy by Rieke & Stutman (1990). |
| A Histrionic Personality Disorder is often highly | | | | |