By Dr. Ken Broda Bahm: As we are moving up yet another hill on the pandemic case-count rollercoaster, hopefully the last rise before the final descent into a vaccine landing zone, courts are once again pulling back in–person trials, while lawyers look for ways to stay prepared using virtual tools. Along with web-conferenced hearings and […]
Prepare Your Witness Virtually: Seven Best Practices Read More »
By Dr. Ken Broda Bahm: All the way back to my days as a public speaking professor and debate coach, I stressed the practical importance of a transition. The goal, I emphasized, is not just the formal nicety of appearing organized, but is rather to directly create attention, retention, and comprehension for your audience. An
Transition With Meaning: Nine Ways to Avoid “My Next Point Is…” Read More »
By Dr. Ken Broda Bahm: Looking at the question, “What does a federal judge expect from an Assistant United States Attorney (AUSA)?” U.S. District Court Judge Michael H. Simon of the District of Oregon, in a recent issue of the DOJ Journal of Federal Law and Practice (Simon, 2020), gives his answer in an acronym
Follow Judge Simon’s ‘Casa Le Pyro’ Read More »
By Dr. Ken Broda Bahm: We all know by now there were errors in the pre-election polls. While Joe Biden still scored a decisive win, there wasn’t the dramatic margin that many polls predicted. Part of the problem is that the task of sampling the population is getting harder and harder. A recent Washington Post article
Account for One Reason the Polls Are Broken: Social Alienation Read More »
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 »