By Dr. Ken Broda Bahm: In the current wave of this pandemic year, as many trials and in-person jury research projects are on hold, the social science research has continued. I’m thankful for that, and for this post, I want to appreciate a new study on gratitude itself. The study (Algoe et al., 2020) shows that people […]
Be Thankful (Jurors Like You Better That Way) Read More »
By Dr. Ken Broda Bahm: When it comes to presentation style in the courtroom, there are definitely times to “bring the fire.” Impassioned rhetoric is best used sparingly, and after you have gained your audience’s trust, but when it fits, powerful and intense delivery can help to raise the emotional stakes, and potentially help jurors feel
Don’t Be Too Hot for Zoom Read More »
By Dr. Ken Broda Bahm: It is becoming axiomatic that you can’t talk people out of hardened views. Particularly on political subjects; the common view is that we are in a “post-persuasion” era. Perhaps that depressing assumption explains why I was hopefully drawn toward a recent headline in The Atlantic magazine, “How We Got Trump Voters to
Take Some Lessons from “Deep Canvassing” Read More »
By Dr. Ken Broda Bahm: From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that interesting, after all, to stick with what everyone agrees on. Learning comes
Continue the Conversation Read More »
By Dr. Ken Broda Bahm: Earlier this week, I wrote about winning and losing with dignity. For this post, I want to take a closer look at the potential flip side of that. In the days since the close state elections reached an apparently clear result for Joe Biden as the new President-Elect, the Trump
Make Sure Your Filings Pass the “Straight Face Test” (2020 Election) Read More »
By Dr. Ken Broda Bahm: After a tense few days of states counting votes while the public kept refreshing the CNN map, the 2020 Presidential Election has finally been called. And at least in the initial aftermath, we have seen starkly different responses from President-Elect Biden and President Trump. As the victory emerged from Pennsylvania
Win and Lose With Dignity Read More »
By Dr. Ken Broda Bahm: The 2020 election seems to be nearing the end of the vote-counting phase, with the final ballots in Nevada, Arizona, and Pennsylvania being tallied as I write. But one clear loser is already evident: the preelection polls. Public opinion estimates that showed Joe Biden with a commanding lead, even in
Don’t (Fully) Trust Public Opinion Polls Read More »
By Dr. Ken Broda Bahm: On the eve of the final voting day in the 2020 election, it feels like the calm before the storm. As divided as Americans are in these times, there are a few beliefs that everyone seems to share: Their candidate is ahead where it counts. Their candidate is generally popular,
Enjoy the Calm, Prepare for the Storm Read More »
By Dr. Ken Broda Bahm: Trial lawyers work in words: language that is precise, economical, and influential. Those words are the water that litigators swim in, and for that reason, the absence of words can be a little uncomfortable. That can be an obstacle to using one effective technique in a variety of settings. That
Allow a Little Awkward Silence Read More »
By Dr. Ken Broda Bahm: A couple of months ago, I helped to run the Online Courtroom Project’s demonstration jury trial using Zoom. Like a number of other experiments and actual trials going forward across the country, jurors showed up via laptop and camera to view voir dire, openings, witnesses, closings, and instructions, then moved to
Appreciate that Your Jurors Need Informal Conversation Read More »