By Dr. Ken Broda Bahm The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a jury’s decision, an expansion in the power of judges to resolve things in advance, caps on the jury’s damages, and a far greater […]
The Civil Jury Trial: Treat the Crisis as an Opportunity Read More »
By Dr. Ken Broda Bahm: From the time we were kids, most of us swiftly learned what was likely to get us punished: a spanking or — for more recent generations — a time out. Usually, that was brought out by something we did, or by the situation we found ourselves in. That frame of
The Punishment Profile: Know the Situational Triggers Read More »
By Dr. Ken Broda Bahm: With mounting frustration over the duration and human cost of the Coronavirus pandemic, along with the sluggish pace of vaccinations in many parts of the country, President Joe Biden, this past week, threw down the gauntlet and announced a sweeping new policy of mandating vaccines for federal employees and for
Courts: Requiring Vaccines Will Influence the Jury Pool. Require Them Anyway Read More »
By Dr. Ken Broda Bahm Traditionally, we might think about what happens in the jury room as a kind of “Black box,” an unknown process with jurors keeping their secrets on how they got to their verdicts. In practice, however, we know a fair amount about what’s in that “box.” Based on both scholarly research
Better Instructions: Make Your Jurors Accountable Devil’s Advocates Read More »
By Dr. Ken Broda Bahm: In my last post, I wrote about how the state of Arizona has been a leader in testing options for online trials. That same day, however, Arizona became the first state to eliminate peremptory strikes in criminal and civil cases. So far, the media is covering the move as a bold
Peremptories: Don’t Learn from Arizona Read More »
By Dr. Ken Broda Bahm: Arizona may not be the model when it comes to partisan post-election audits. But when it comes to online or virtual trials, the “Cyber Ninjas” in that context seem to be doing much better. In the Grand Canyon state’s most populous jurisdiction, Maricopa County, civil parties can choose virtual juries
Online Trials: Learn from Arizona Read More »
By Dr. Ken Broda Bahm: This is the general sentiment I sometimes hear when one side in an opening statement is talking about the other side’s experts: …and they are going to be bringing Dr. Smith up here to tell you that their theories are true. But when they do, remember who is paying Dr.
Avoid ‘Glass Houses’ Arguments When Comparing Experts Read More »
By Dr. Ken Broda Bahm: In the early preparation for a jury selection, I will often ask the team if there are plans for a supplemental juror questionnaire. Sometimes the answer is that there aren’t any such plans, and they haven’t really thought of that. Attorneys, with some justification, might assume that the other side
Ask for a Jury Questionnaire Every Time, Especially Now Read More »
By Dr. Ken Broda Bahm: Potential jurors arrive at the courtroom with misinformation that might bear on your case. They could have opinions on scientific validity and reliability that will conflict with what your experts will tell them. They might have views on social groups that prevent them from seeing your witnesses fairly. They might
Fact-Check the Misinformed, but Remember that Experiences Are as Strong as Facts Read More »
By Dr. Ken Broda Bahm: As a legal category, punitive damages are not very common in U.S. civil trials, being available and awarded in just six percent of cases. But in the broader sense of “punitive,” the motivation to punish or to correct behavior doubtlessly underlies many other categories of damages. For example, the subjectively troublesome
Learn What Motivates Punitive Damages Read More »