By Dr. Ken Broda Bahm: Predicting is tough, and can be even tougher when we don’t believe the limits of our own predictive abilities. Daniel Kahneman, a giant in the psychology world, recently wrote in the New York Times Magazine about an odd task that neatly parallels an attorney’s challenge in case assessment. Dr. Kahneman’s job as a British army […]
Predict With Care: Adapt to Overconfidence in Case Assessment Read More »
By Dr. Ken Broda Bahm: Here is some practical advice for capital defense jury selection that carries important implications for civil cases as well. It is well established that the process of “death qualifying” a capital jury, by weeding out those have a moral or other objection to the death penalty, ends up biasing the panel
“Life Qualify” Your Capital Jury (And Balance Out Your Civil Panel Too) Read More »
By Dr. Ken Broda Bahm: I’ve sometimes noticed during jury selection, that attorneys are prone to like the likable. They want to believe that the panelist who appears to be well-connected, sociable, and friendly is more likely to be kind and empathetic toward their case and their client. This preference might be understandable, though it overlooks the possibility that the sociable
Don’t Mistake Sociability for Empathy Read More »
By Dr. Ken Broda Bahm: I’ve written about presidential aspirant Herman Cain, and his effective use of the “9-9-9” mnemonic, but more recently, Mr. Cain might be having more troubling memories. Specifically, he might be thinking, “If only I had an iron clad non disclosure agreement in my sexual harassment settlements….” While Mr. Cain’s predicament is unique, what is
Help Your Fact Finders Think About What Might Have Been Read More »
By Dr. Ken Broda Bahm: A good piece of advice for employers: If your habit is to sweep things under the rug, then don’t commission a study to look under the rug. Last Thursday, the ABA Journal released a fascinating report with important implications on the role of research, the risks of discrimination, and the occasional absence of
By Dr. Ken Broda Bahm: Two rival narratives are currently battling it out in a Boston courtroom in the Tarek Mehanna case. The prosecutor’s story involves the spectre of homegrown terror, narrowly averted before anyone was harmed. The defense story involves an individual prosecuted for expressing opinions and for refusing to become an informant for the FBI. A key
Get Inside the Black Box of “Intent:” A Note on the Tarek Mehanna Trial Read More »
By Dr. Ken Broda Bahm: So you are facing a pro se adversary, and you expect that due to the lack of legal representation, this party is apt to produce briefing that is legally unsophisticated, and perhaps even entertaining, right? Maybe not. Just as pro se litigation has been on the rise, so too has its evil partner, legal
Don’t Be Spooked by a Legal Ghostwriter Read More »
By Dr. Ken Broda Bahm: The news media pounced on it, but the scholars said it didn’t exist. The “CSI Effect,” or the tendency for high technology crime dramas to fuel a juror expectation for sophisticated investigations and definite answers, entered the popular and media imagination as a powerful effect that could stymie prosecution (by creating unrealistic evidentiary
Yes, Virginia, There is a CSI Effect: Account for It in Your Science Case Read More »
By Dr. Ken Broda Bahm: Here is a question of trust. You’re curious about a party, a witness, or a potential juror, so you log in to Facebook or some other social networking site to check them out. It might feel a little creepy to be peeking in on the public representations of your target’s private life, though
Parties, Witnesses and Jurors: Don’t Be Afraid to Meet Them Face to Face(book) Read More »
By Dr. Ken Broda Bahm: Whatever you think of Republican Presidential contender and former pizza magnate Herman Cain, you’ve got to give him credit for creating a theme using only three digits… and a theme about tax policy, no less. Mr. Cain has been ascendant recently in the race for the GOP nomination, largely based
Remember Herman Cain’s “9-9-9” Plan, and Don’t Forget the Power of a Good Mnemonic Read More »