Unintentional insincerity in witnesses’ discourse strategies in the Malawian criminal justice system

Abstract

While previous studies have focused on intentional insincerity as a form of deliberate and wilful behaviour not to cooperate with the questions asked by lawyers, this study introduces the concept of ‘unintentional insincerity’, focusing on the language behaviours of prosecution witnesses in eight criminal trials in Malawi. The study uses Kondowe’s principle of believability as the theoretical backbone to examine how these language behaviours reveal unintentional insincerity, which can weaken the believability levels of their narratives. Factors such as a lack of forensic toolkits, poor investigative skills and inadequate access to the law make it challenging for lay witnesses to provide crucial details and direct responses to lawyers’ questions. The study suggests that witnesses must dedicate efforts to score higher marks towards higher believability degrees, as courts may not be persuaded with absolute truthfulness, but rather the credibility and believability of their narrations. Without meeting such standards, discharging the burden of proof remains a challenge in Africa’s under-resourced justice delivery systems.