By Dr. Ken Broda Bahm: Like the continuing need to have a ‘pocket mask’ in many places, the online judicial meeting or hearing has become an accepted fact of almost-post-pandemic life. But, chances are, the remote hearing will last longer (knock on wood). At this point, we are seeing systematic attention on the question of […]
Improve Your Online Hearing Efficiency Read More »
By Dr. Ken Broda Bahm: The instructions for jurors are clear: They are to take an issue that has no effect on them, listen dispassionately to the evidence and arguments, apply the facts to the law, and make a decision. That is the model, but in reality other motivations creep in. In talking with jurors in mock
Know Your Jurors’ Anger Buttons Read More »
By Dr. Ken Broda Bahm: Many of us probably watched or heard about the drama this past week in the Women’s Olympic Figure Skating event. Kamila Valieva — just 15-years-old, but with a dominant combination of quad-jumps and world class performance style — tested positive for a banned substance. What followed for the Russian skater
Learn from Attitudes Toward Sports Abuse Read More »
By Dr. Ken Broda Bahm: As courts continue their uncertain transition from a Covid to a post-Covid stance, the word from many is that the Zoom hearing is the pandemic adaptation that is most likely to become a normal feature of litigation going forward. Zoom makes it simple and inexpensive to get all the parties
Take Advantage of Screen Prominence in Your Zoom Hearing Read More »
By Dr. Ken Broda Bahm: Right off the top, I want to make clear that none of the tips involve starting off your ending with, “In conclusion….” I have always disliked that phrase, and put it in a category — along with phrases like “As I said before…” or “To be honest…” — that make
In Conclusion: 5 Tips on Ending Your Opening Read More »
By Dr. Ken Broda Bahm: In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and resistance to various forms of bad information, disinformation, misinformation, rumors,
Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own Read More »
By Dr. Ken Broda Bahm: Some attorneys seem to have a natural ability to make themselves understood. They are able to connect with their audience while laying out central points that are clear, resonant, and influential. Other attorneys may be just as organized, prepared, and ultimately accurate…but still not able to get jurors to that point
Loop Back and Reinforce the Punchline Read More »
By Dr. Ken Broda Bahm: Recognizing and reducing bias is obviously essential in a litigation context. But when it comes to “de-biasing,” it helps to see instructions as one tool in the toolbox, but not a tool that’s guaranteed to fix everything. In a recent post, I wrote about a pre-instruction on hindsight that shows some
Be Cautious About Instructing Your Way Out of Bias Read More »
By Dr. Ken Broda Bahm: With Zoom now as common as email, we can find ourselves inhabiting the four corners of a glowing screen more often than we’re inhabiting an actual office or meeting room. Status calls, strategy meetings, witness preparation sessions, and even hearings and parts of trials are taking place via video-conference. While
Look at the Camera Read More »
By Dr. Ken Broda Bahm: Consider Rodin’s “Thinker” — The sculptured image of the solitary and self-contained individual engaged in what we take to be humanity’s sine qua non: independent thought. It is inspiring, but it is also an idealization. The more carefully we think about thought itself, the less truly independent it turns out to be.
Adapt to Your Jury’s Social Reasoning Read More »