Our Gemara on Amud Aleph discusses the process of cross-examining witnesses to assess their consistency and credibility:

The mishna continues: And afterward, after the court examines the first witness, they bring in the second witness and examine him. If the statements of the witnesses are found to be congruent, the court begins to deliberate the matter.

Sefer Daf al Daf recounts an incident where a respected community member was accused of severe misconduct by two witnesses. Though the testimony appeared valid and consistent, it was difficult to believe that the individual of such stature could have committed the alleged acts. The GRA (Vilna Gaon) requested to interview the witnesses. After hearing their testimony, he harshly accused them of lying. Under his intense scrutiny, the witnesses confessed and recanted their testimony. When asked how he knew they were lying, the GRA explained that a normal degree of variance is expected in truthful accounts. The witnesses’ stories were too consistent, a clear indication of rehearsed and coordinated testimony.

The GRA pointed out that this idea is hinted at in our Gemara. The Mishna states, “If the testimony was found to be congruent.” The phrase “found to be” suggests that the testimony should not be identical but similar in essential details. Absolute congruence may signal deceit.

The belief in one’s ability to detect lies is fraught with misconceptions. Many authority figures—principals, law enforcement agents, and parents—overestimate their lie-detection skills. This overconfidence stems from the accurate perception of emotions but misattribution of thoughts. We are adept at reading emotions like anxiety, happiness, anger, or guilt, but often wrongly assign thoughts to these emotions. For instance, a nervous or ashamed demeanor might be misinterpreted as guilt or dishonesty. However, innocent individuals often display nervousness under scrutiny. Similarly, someone exhibiting anxiety through shifty eyes may not be lying. Ironically, excessive eye contact could indicate a conscious effort to appear honest, much like the GRA’s insight into overly consistent testimony.

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

Do you like what you see? Please subscribe and also forward any articles you enjoy to your friends, (enemies too, why not?)