By Dr. Ken Broda Bahm: When a juror looks at an act and declares it to be bad or good, where is that coming from? Well, hopefully, it is coming from the evidence. But inevitably, it is also coming from that juror’s own habits of moral judgment. And it isn’t just a choice formed in […]
Liberal and Conservative Jurors: Account for Different Moral Systems Read More »
By Dr. Ken Broda Bahm: As you are putting on your case at trial, and you go to call your next witness, there’s always a reaction from the jury box. It’s an opportunity for fresh attention from them, but it is often a bit of a mystery: Who is this new person? What is their role
First Answer in Direct: Introduce Yourself to the Jury Read More »
By Dr. Ken Broda Bahm: When thinking about the title for this post, I came awfully close to saying that certainty “matters more” than accuracy, but I thought that perhaps it might sound too cynical. But that stronger version is supported by the research: Jurors do seem to pay more attention to witness certainty than
Witnesses: Know that Certainty Matters as Much as Accuracy Read More »
By Dr. Ken Broda Bahm: If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when one side or the other cues up
Play Recorded Testimony Without Creating Courtroom Naptime Read More »
By Dr. Ken Broda Bahm: Once the cases are both in, the witnesses are all examined and, the evidence is before the jury, it is time to close, and for many attorneys, that means ramping up the emotion in order to commit jurors to your position. The exact tone you’re going for is going to
Show Some (Authentic) Anger in Closing Read More »
By Dr. Ken Broda Bahm: It sometimes happens in the course of testimony: After what might have been a longer or misdirected answer, the witness will receive a stern admonition from either the questioning attorney, or worse, the judge: “Please listen carefully to the question and then simply answer ‘Yes’ or ‘No.’” That kind of
Witnesses: Protect Yourselves Against the “Just Answer Yes or No” Instruction Read More »
By Dr. Ken Broda Bahm: Lawyers are notorious for using language that carries some comprehension challenges. When this “legalese” is directed to and understood by other lawyers, that use can be understandable, even if it is still annoying. But when it is directed at the public it can be a big source of failed communication. For example,
Limit the Legalese, and ‘Legalese’ Isn’t Just Jargon Read More »
By Dr. Ken Broda Bahm: Maybe it is because monitors are a lot less expensive than they used to be, but I’m seeing more and more of them cropping up, often in the same places. Conference rooms or spaces for larger presentations that used to have a single monitor or a projector screen now will
Presenters: Try to Avoid Using Multiple Duplicate Screens Read More »
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 »