By Dr. Ken Broda Bahm: What drives the motivation to not just compensate but to punish? When it comes to considering the purpose and amount of legal damages, the defense will predictably want a jury that, if they get to that stage at all, is focused on just paying the bills. They will concentrate on
The Pizza Scenario: Expect Punishment to be Driven by Both Equity and Retribution Read More »
By Dr. Ken Broda Bahm: How bad would it be if, after making it through a year of the pandemic with your health intact, you came down with the virus at the end: You almost got to the point of vaccination, only to become infected at the last moment. That would be pretty bad. In
Account for ‘Close Counterfactuals’ in Your Trial Stories: The Loser that Almost Won Read More »
By Dr. Ken Broda Bahm: It has gone from being a surprising observation last spring to a daily truism at this point: Zoom fatigue is real. Now that we are engaged in regular meetings by video web-conferencing, we’ve come to fully grasp the reality that it can be exhausting, particularly to do it for more than
Address the Causes of ‘Zoom Fatigue’ (and Audience Fatigue Generally) Read More »
By Dr. Ken Broda Bahm: At this point, I will wager that we’ve all seen the hilarious video from the 394th Judicial District Court of Texas, where an attorney, unable to remove a filter that changes his face into a cat’s, nonetheless confirms that he is prepared to go forward, and solemnly pledges to the court, “I am
Preserve Decorum (in All Courtroom Contexts) Read More »
By Dr. Ken Broda Bahm: Sometimes, in the task of communicating technical or scientific information to the public, something can be lost in the translation. Of course, that is often a challenge for expert witnesses in courtroom settings, but currently, we are seeing it play out on the national stage. As the coronavirus vaccine is
Vaccine Alarmism: Learn Better Testimony from the Miscommunications of Science Read More »
By Dr. Ken Broda Bahm: In the classic movie, Monty Python and the Holy Grail, there is a scene that is familiar to fans. It is medieval plague-ridden times, and a man pulls a cart through a village, calling, “Bring out yer dead!” When one body is brought to him, the body protests that he isn’t
Appreciate the Nuance: Persuasion Isn’t Dead (Yet) Read More »
By Dr. Ken Broda Bahm: At this point, approaching our quarantine anniversary, we have all done our fair share of business on Zoom. We know that keeping our attention on the small screen can be a challenge, even for an hour-long meeting. Now, imagine a jury trying to maintain attention over the course of a
Help Your Virtual Jurors Pay Attention Read More »
By Dr. Ken Broda Bahm: As it was in the first time around, the result for Donald Trump’s second impeachment trial seems to be a foregone conclusion: There is no foreseeable scenario that would have 17 republican senators crossing the aisle to vote to convict the former President for inciting the violent riots on Capital
Learn Visual Storytelling from the Second Impeachment Trial’s “Day in the Life” Video Read More »
By Dr. Ken Broda Bahm: Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same as A, B, and C measured separately. But it isn’t always. When human decision-making is factored in, the sum of A, B,
Account for ’the Unpacking Effect’: Sums Are Less than Their Parts Read More »
By Dr. Ken Broda Bahm: “We are not supposed to talk about this.” If you’re observing a mock trial, that is often something you hear from one of the mock jurors…just as they begin to talk about it: insurance coverage and attorneys’ fees. Strictly speaking, neither is relevant to the question that jurors are being
Expect that Your Jury Is Going to Bring up Those ‘Forbidden Topics’ Read More »