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 »
By Dr. Ken Broda Bahm: For many defense attorneys, there is a routine to the way that they’ll ask jurors to be fair at the start of their opening statement: There are two sides, you haven’t heard the whole story, please keep an open mind. It almost takes on the quality of a ritual incantation, done as much
Defense Opening: Give Jurors a Reason for an Open Mind, Not Just a Request for One Read More »
By Dr. Ken Broda Bahm: Based on a recent and extensive report from New York’s Attorney General, the state’s Governor, Andrew Cuomo, is now facing numerous credible claims of a pattern of sexual harassment, with his fellow Democrats, including the President, calling on him to step down. Some of the claims against him, including the
The #When? of #MeToo: Know When Delayed Reports Are Credible Read More »
By Dr. Ken Broda Bahm: The jurors assemble and begin watching the trial — not the actual jurors but the shadow jurors, the ones who are recruited by one side, matched to the real jurors, and offer feedback on the trial as it comes in. They watch opening statements, and each of the witnesses, and
Expect Another Silver Lining to Online Trials: Shadow Juries Just Got Easier and Safer Read More »