Backpfeifengesicht, or as translated from German, a “face in need of a fist.” At some point we have all encountered one of these faces, but perhaps never had a proper way to describe this phenomena.
Recently, some have used this term to describe infamous pharmaceutical CEO Martin Shkreli, perhaps best known for increasing the price of the anti-parasitic drug Daraprim from $13 to $750 per tablet and putting on a petulant, cringe-worthy performance in front of a congressional committee.
Although Backpfeifengesicht seems like one of those “know it when you see it” things, scientists have actually taken it upon themselves to describe the specific qualities that make certain faces appear untrustworthy and “punchable.” Emotion psychologist Lisa Barrett explains in an interview with ThinkProgress that the main rule for facial structure analysis is that angular faces are seen as more dominant and in control, whereas rounded faces with smaller features, e.g. Shkreli, are viewed as being “less competent” and “not responsible for their own behavior.” So what exactly do scientists say makes Shkreli’s face so punchable? In most cases, it is primarily decided upon the resting position of the face, where Shkreli’s has been described as “smug.”
This kind of instant sizing up of physical attributes also happens in the courtroom, especially when juries determine whether a witness is credible. Sometimes jurors will make up their minds about a witness before they have even uttered a word, based on their posture, clothing or, yes, even their facial features. Professor Barrett notes that once an opinion about a specific person has been formed, it is difficult to break, stating, “So when you see someone’s face, if you already are anticipating…that they’re going to be an a**hole, you’re going to see them as an a**hole.”
And when that witness speaks, their personality, the way they answer questions and even accents can dispel or reinforce jurors’ opinions. Thus, it is important to ensure key witnesses and experts maintain a likable composure and demeanor to prevent what psychologists call the “halo effect,” or the tendency to let judgment of a person’s appearance affect overall perceptions of their character.
We have found it incredibly helpful to sit down with key witnesses prior to depositions and trial testimony and video record them discussing their recollections, talking about their backgrounds and answering tough, cross-examination style questions. Playing back the video footage provides the trial team, and most importantly, the witnesses, with an accurate view of what jurors will see, which helps witnesses suppress tics, work on messaging and be more mindful of their resting facial expressions.
Even if you think a particular witness is already a superstar, it’s helpful to remember jurors factor in many intangible elements when making credibility evaluations and it can pay dividends to provide witnesses with a fresh perspective, and an opportunity to reveal any unanticipated gaps in the armor. For assistance on preparing witnesses and helping to increase their jury appeal, please contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.
