By Dr. Ken Broda Bahm: The setting of an in-court oral voir dire can be seen as a “perfect storm” of information. Data about your panel and your potential future fact-finders is coming at you from all directions. You may have responses from a questionnaire as well as information from prospective jurors’ social media and
Innovate to Keep Track of Information During Voir Dire Read More »
By Dr. Ken Broda Bahm: Here’s an intuitive belief that many who work in the field of law might adhere to: More information leads to better decisions. Those who work in the social sciences, however, know that this does not always hold true. Based on the higher “cognitive load,” higher levels of information can also
Testimony Mode: Note the Tradeoff Between Information Density and Juror Sensitivity Read More »
By Dr. Ken Broda Bahm: As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against various damage categories, in favor of personal responsibility, and in favor of parties like
(Sometimes) Reinforce a Higher Threshold for Cause Challenges Read More »
By Dr. Ken Broda Bahm: I came across a recent article in the publication Raw Story with the intriguing title, “There’s a big problem in opinion polling that mainstream media is missing” by Matt Robison. While not an academic piece, the article does address a problem that is driving academics crazy. I’ve noted in previous
Add Context to Your Voir Dire Read More »
By Dr. Ken Broda Bahm: Arriving for the preparation meeting, the witness notices that there’s someone new in the room: a communications consultant. A non-lawyer visiting from out-of-town, the consultant is introduced by the lawyer as a specialist in legal communication and as someone who “is here to help us prepare for your testimony.” Over
Consider the ‘Message Effect’ of Inviting a Consultant to Help Your Witness Read More »
By Dr. Ken Broda Bahm: Every jury selection involves a variety of issues relating to how potential jurors could feel about the specific case. But there is one issue that is relevant in every current jury selection for an in-person trial: What is the person’s comfort level in sharing relatively close quarters indoors for long
Understanding the COVID-Gamblers in Your Jury Pool Read More »
By Dr. Ken Broda Bahm: I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to me with feedback and ideas for new posts. Honestly, I don’t think I could ask for a more intelligent and engaged group. And now,
Compliment in Order to Persuade Read More »
By Dr. Ken Broda Bahm: After receiving many warnings from the court and counsel on what they’re about to see, the jurors are finally shown the injury photos. Some of them frown, one covers her face, many look away after a quick glance, and a couple study it closely. This is a regular occurrence in
Gruesome Injury Photos: Consider the Halo of High Impact Evidence Read More »
By Dr. Ken Broda Bahm: At the voir dire stage of a jury trial, the word “bias” gets used a lot. But do we really know what it means? The courts, in practice at least, hew to a simple meaning: If a potential juror admits to bias, that means they know they can’t be fair
See the Social Roots of Bias Read More »
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 »