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 »
By Dr. Ken Broda Bahm: “I have considered giving people popcorn,” U.S. District Judge Kathleen Forrest told lawyers in the SEC’s fraud case against Fabrice Tourre which headed to the jury yesterday. “I’m going to tell you what I think is obvious,” the judge told counsel three days into trial, “We’re losing some of the
Keep Boredom at Bay Read More »
By Dr. Ken Broda Bahm: Law firms and legal departments continue to lag behind when it comes to racial diversity. Based on several indicators, the legal profession is still among the least ethnically and racially diverse professions in the United States. Those who do the hiring in legal fields are well aware of this gap
Hire Code-Switchers Read More »
By Dr. Ken Broda Bahm: If you’ve spent any time in civil courtrooms, you’ve seen it before. The witness in the box fudges an answer and says something that differs a bit from their deposition, and the solemn ritual of impeachment begins. With great fanfare, the official copy of the deposition is unsealed. Do you
Know When to Pursue Witness Inconsistency and When to Let it Go Read More »
By Dr. Ken Broda Bahm: The current cover of The Rolling Stone, usually reserved for the popular idols of our time, bears the face of Dzhokhar Tsarnaev, the Boston Marathon bombing suspect, complete with Hollywood good looks and a rock star sulk. That hasn’t gone over so well. The magazine is no stranger to controversy and expected
Respect Your Idols Read More »
By Dr. Ken Broda Bahm: “It was hard thinking that someone lost their life,” Juror B37 said through tears, “and there’s nothing else could be done about it. I mean, it’s what happened. It’s sad. It’s a tragedy this happened, but it happened.”
Go for “Mad” Not “Sad” When You’ve Got the Burden: Listening to Juror B37 Read More »