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Author name: ken.brodabahm

Online Versus In-Person Deliberations: Consider Differences in Equal Participation

By Dr. Ken Broda Bahm: As the coronavirus pandemic drags on and intensifies, courts around the country are moving toward reopening in fits and starts, with distancing, temperature checks, masks, and hand sanitizer. Some courts are also exploring distanced alternatives, including in some cases trial by Zoom, or by other web-conferencing tools that allow jurors […]

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Face It: Masks Don’t Hinder Credibility Assessment

By Dr. Ken Broda Bahm: As a sign of just how serious the coronavirus pandemic is getting, the President has finally appeared in public with a mask. The precaution of wearing a face mask is still highly politicized, but it is slowly catching on. In the planning process of courts that are moving toward resuming trials,

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Online Trials: Expect Both Challenges and Opportunities

By Dr. Ken Broda Bahm: This past Friday and Saturday, June 26-27, an unusual exercise was held, exploring both the promise and the perils of a fully online jury trial. The Online Courtroom Project, which I am a part of, conducted an eight-hour exploratory trial on two web-conferencing platforms. There have been other demonstrations and

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Prime Your Jurors on the Pandemic, Make Them More Conservative

By Dr. Ken Broda Bahm: Take a moment and visualize what your next in-person jury trial might look like. The jurors arrive at the courthouse and have their temperature checked while being asked whether they or anyone in their household have been coughing, sneezing, running a fever, or showing any other symptom of COVID-19. They

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