By Dr. Ken Broda Bahm: Last Thursday’s verdict marked a dramatic reversal, and was hailed as a sign of the times. Bill Cosby was found guilty on all counts in the drugging and sexual assault of Andrea Constand 14 years ago. She is one of 60 women accusing the comedian, and the trial represented a second […]
Understand the Legal Challenge, Even in a #MeToo Era Read More »
By Dr. Ken Broda Bahm: It is well-known at this point that civil trials are giving way to settlements. One of the factors that make settlement the more attractive alternative is that settlement is an uncertainty-reduction strategy: The known amount of cash in or out of pocket reduces the risk of the unknown for both
Consider How Jurors Arrive at Damages Numbers: In Stages and With Difficulty Read More »
By Dr. Ken Broda Bahm: In all facets of persuasion, and human communication for that matter, we are now used to dealing with a pretty polarized world. Addressing or responding to anything having to do with current events always involves a quick mental check on your audience and what their latitude of acceptance is likely
See Ideology as Cognitive and Not Just Political Read More »
By Dr. Ken Broda Bahm: It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective learners” by giving them something to ruminate on, and “kinesthetic learners” by having them get up and do it.
Don’t Adapt to ‘Learning Style’ Read More »
By Dr. Ken Broda Bahm: It is unacceptable for someone to be the wrong color or the wrong ethnicity to serve on a jury. In modern times, the law says race-based exclusions can’t happen. But the practical reality in the courtroom, particularly some courtrooms and some kinds of cases, they still happen. This is a
Race-based Strikes: Expect Fixes for the Problem (and Problems with the Fixes) Read More »
By Dr. Ken Broda Bahm: The peremptory strike is a well-established tool for addressing bias within a future jury. While the strike has its critics, the case is strong for having a method to address bias that is real but falls below the threshold of a demonstrable cause challenge. In dealing with potential jurors, the peremptory
By Dr. Ken Broda Bahm: Inoculation is a well known, persuasive technique. The idea is that, instead of waiting for your opponent to share a piece of information or lay out an argument, and then responding by showing that the information or argument is wrong, the advocate should anticipate that move and make sure your
Inoculate by Teaching the Technique and Not Just the Error Read More »
By Dr. Ken Broda Bahm: Many have observed the continued decline of the civil jury trial. One reason trial by jury is falling out of favor in civil disputes is that parties and counsel treat it like the ultimate mystery, and this uncertainty makes the alternate ways to resolve the dispute look a lot safer.
Use Community Attitude Surveys as an Uncertainty Reduction Strategy Read More »
By Dr. Ken Broda Bahm: Persuaders win by convincing decision-makers that their story is more “real” than the alternative. But what if the foundation for that choice, the notion that there is a “real” to aspire to, is eroding? If it is, then advocacy in all kinds of settings, including the courtroom, is in trouble.
Expect the “Fake” to Get Very Real Read More »