By Dr. Ken Broda Bahm: Many legal cases involve probability. The known risks of a medical condition affect liability. The chances of the same occurrence without the defendant’s actions affect causation. The likelihood that a defendant would earn a given income if an accident hadn’t happened affects damages. Litigators might take for granted that the […]
Think Your Jury Understands Probability? Don’t Bet on It Read More »
By Dr. Ken Broda Bahm: Remember the list of fallacies? For many of us, it might fall in the category of things we learned at one point in our lives, probably in a logic or communication class, and then mostly set aside in our practical lives. After all, it can seem a little pedantic, or
Know Your Fallacies Read More »
By Dr. Ken Broda Bahm: We know communication is visual and not just verbal. But when litigators think of that, they tend to think of demonstrative exhibits and technology. But what about themselves? As a speaker, you’re making a visual impression as well. Most know the basics: stand up straight, look the jury or judge in
Consider How You Come Across With the Volume Off Read More »
By Dr. Ken Broda Bahm: Lawyers and expert witnesses might be used to thinking of science as just one way among many of proving something: When you need to demonstrate a fact at an empirical level, commission an expert, do a study, and report the results. But there may be more to it than that.
Convey the Morality of Your Science Read More »
By Dr. Ken Broda Bahm: 9-11 wasn’t really a terrorist attack, the President isn’t really an American citizen, and climate science is an elaborate hoax. Or, that is at least what a surprising number of Americans believe. Respond to any of these conspiracy theories with reasons or evidence, and you’ll get something like, “Yeah, that
Account for a Motivation to Discount the ‘Official’ Narrative Read More »
By Dr. Ken Broda Bahm: Last Tuesday saw something remarkable. A man armed with an assault rifle and several other weapons entered an Atlanta area elementary school and there was every indication the situation could’ve had fatal consequences for many of the 800 kindergarten through fifth grade students, for school staff and teachers, for law
By Dr. Ken Broda Bahm: Once a judge begins to solemnly instruct the jury, some assumptions immediately kick in. We assume the jurors follow and are comprehending the sometimes fine distinctions in law that have been fought over in the weeks before trial. And we assume that, once understood, those instructions are effective in guiding
Know the Power of a Cause Instruction: But for “But For,” Jurors Decide Differently Read More »
By Dr. Ken Broda Bahm: As more and more Americans are moving their lives onto social media, the legal world is adapting. Specifically, litigators are coming to realize what a world of information this opens up for voir dire, and to acknowledge as well the responsibilities it creates. The Bar of New York City, for
Cover Your Tracks (When Sneaking a Peek at Your Jurors’ Social Media) Read More »
By Dr. Ken Broda Bahm: Whether we’re reading the news, shopping, or participating in social media, we are swimming in “likes” these days. Electronic journalism, online retail, and sharing sites like LinkedIn or Facebook all give users an unprecedented ability to participate, broadcasting their preferences with a click of a button or a comment. But
Beware the Herding Instinct in Opinion Formation Read More »
By Dr. Ken Broda Bahm: If you returned with me to Shakespeare’s original theater, the Globe in London around 1600, you would notice one important architectural feature: There is a gallery and there is a pit. The gallery, the seats in the bleachers that ring the outside of the theater, are the pricier seats occupied
Learn from the Bard: Engage Multiple Audiences Read More »