Face masks don’t conceal key signifiers about someone’s race or gender, and therefore can’t eliminate bias entirely. But masks do deter people from the assumption that seeing a witness’ whole face is necessary to judge credibility, JuliaSimonKerr says.
Though it sounds counterintuitive, studies show trying to read“We have a strong cultural assumption that we can learn something about a person's truthfulness if we look at their face,” she says. “But the reality is that there is no evidence to support that assumption.”
“It's not about their words and whether their words are credible and makes sense to us,” she says, “but rather what kind of person we think they are.” The confrontation clause in the Constitution gives criminal defendants the right to confront witnesses testifying against them. Simon-Kerr says this doctrine could pose a problem for face mask requirements, but that any issues could be legally overcome because of the government’s interest in preventing the spread of the virus.
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