By Dr. Ken Broda Bahm: The current global coronavirus pandemic is a huge disruption to life in nearly every country and the explanations for it have gotten to the point that they’re as big as the disruption. Rather than believing that a virus in Southern China simply transitioned from an animal to a human host,
Account for Proportionality Bias: Big Events Must Have Big Causes Read More »
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
Online Versus In-Person Deliberations: Consider Differences in Equal Participation Read More »
By Dr. Ken Broda Bahm: So your trial date has been kicked into indefinite future. Now, what do you do? Even as you reduce your time on the case, you still want to keep a foot in the door so that you are ready once things start moving again. Maybe it is time to take
Invent Your Trial Theme: Seven Ways Read More »
By Dr. Ken Broda Bahm: As a twice-weekly blog writer focusing on the social science of legal persuasion, I am thankful that during this medical emergency, the research has kept coming. Even as restaurants, bars, beaches, and schools have been shut down, the researchers have continued to turn in their research. In some ways, it
Scientific Testimony: Don’t Rely on Shortcuts Read More »
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,
Face It: Masks Don’t Hinder Credibility Assessment Read More »
By Dr. Ken Broda Bahm: What do your potential jurors think about the necessity to follow the law at all times? While it won’t apply in all cases, it will apply to many. Recent protests against police brutality across the country have led to scores of non-violent protestors being arrested for crimes such as “failure
Voir Dire on Civil Disobedience Read More »
By Dr. Ken Broda Bahm: When jury trials start up again, one way or another, it is going to be a strange and potentially uncomfortable experience for the jurors. If reporting in person, they will be dealing with distancing, masks, temperature checks, hand washing and a risk of infection. Alternatively, if they are logging in
Voir Dire on Willingness to Serve Read More »
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
Online Trials: Expect Both Challenges and Opportunities Read More »
By Dr. Ken Broda Bahm: Okay, my title is purposefully provocative, but it is not an exaggeration. Based on a recently released, first-of-its-kind, comprehensive study on the effectiveness of voir dire following common practices in civil trials (Campbell et al., 2020), the verdict is that voir dire is often of no value when it comes
Treat Truncated Voir Dire as Useless Read More »
By Dr. Ken Broda Bahm: With protests continuing in many major American cities, the civil unrest and violence has had a polarizing effect on the public. While some call for reform and for understanding of what motivates these marches, others call for a return to law and order, with force if necessary. If the past is a guide,
Prepare for (Psychological) Authoritarianism Read More »