Legal Definitions - gesture

A gesture refers to a physical movement of the body, often involving the hands, head, or face, that is performed to communicate a thought, feeling, or to add emphasis to spoken words. It is a non-verbal action intended to convey meaning or reinforce a message.

Here are some examples illustrating the concept of a gesture:

• During a tense negotiation, one party might throw their hands up in the air and sigh loudly when presented with an unacceptable offer. This physical action, without a single word, clearly communicates their frustration and rejection of the proposal.

  This illustrates a gesture because the movement of throwing hands up and sighing is a non-verbal action calculated to express a strong feeling (frustration and rejection) and emphasize a point (the offer is unacceptable).

• In a courtroom, a defendant might repeatedly shake their head vigorously while a witness is testifying, signaling disagreement with the testimony. Even if they are not allowed to speak, this action conveys their dissent to the jury.

  This demonstrates a gesture as the vigorous head-shaking is a deliberate body motion intended to express a thought (disagreement) and emphasize a point (the testimony is false or incorrect) without uttering a sound.

• After a judge delivers a ruling, a lawyer might offer a slight, respectful bow of their head towards the bench. This subtle movement acknowledges the court's authority and the decision, regardless of whether it was favorable to their client.

  This is an example of a gesture because the slight bow is a physical motion of the body (the head) that is calculated to express a thought (respect for the court) and acknowledge a certain point (the judge's authority and ruling).