By Dr. Ken Broda Bahm: Nearly 40 years ago, in 1979, during the country’s energy crisis, President Jimmy Carter gave what is now called the “Malaise Speech.” Without using that word, he spoke of “a crisis of confidence” that “strikes at the very heart and soul and spirit of our national will.” Over time, he […]
Account for Juror Malaise Read More »
By Dr. Ken Broda Bahm: Jurors sometimes need to grapple with science, and given the constraints of the trial process and the often-complex nature of the testimony, “grapple” is probably the right word. Whether it involves working through detailed DNA testimony in a criminal case, or evaluating epidemiological studies in a civil products liability cases, jurors
Expect Science Views to Vary Read More »
By Dr. Ken Broda Bahm: So you have worked up your case for trial and, now the question is, what is the best way to convert all of that factual detail and law into comprehension and persuasion? The answer you’ve probably heard since your first trial advocacy class is, “Tell a story!” And that’s the
Improve Your Storytelling: Seven Ways Read More »
By Dr. Ken Broda Bahm: Some feel that the jury system has a fatal flaw. And that flaw is the jurors. They’re human, and that means they carry a wide variety of biases. Based on their experiences, their outlooks, the information they’re exposed to, and factors they may not even be aware of, they’re likely
Trust Deliberation to Reduce Bias Read More »
By Dr. Ken Broda Bahm: Our thinking about morality is often that it is some kind of divine spark in humans, or something spiritual that comes from within. But what if it is merely a set of habits that developed as we evolved, a set of rules that originated and persisted because they helped societies
Address Universal Core Values: Seven of Them Read More »
By Dr. Ken Broda Bahm: When testifying, there are some situations where a “less is more” rule applies. In a deposition, for example, you don’t want to aid the other side, and will often prefer conciseness. However, when undergoing cross-examination before a jury in trial, less isn’t more…it is less. That is, if you limit
Trial Witnesses, Un-Lead the Questions Read More »
By Dr. Ken Broda Bahm: Remember Carl Sagan and the original show Cosmos? It was a beloved series in the late 70’s, not just for its accessible explanations of something as complex as the history of the universe, but also for its ability to evoke a sense of wonder. As a gifted science communicator, Sagan
Experts, Cultivate Awe Read More »
By Dr. Ken Broda Bahm: Unlike many other moments in trial, the opening statement is often defined in terms of what it isn’t. It isn’t evidence, and it isn’t argument. So, what is it? It is a preview of what the evidence will be. That creates a conventional practice, reinforced in nearly all trial advocacy
In Opening, Dispense With “The Evidence Will Show” Read More »
By Dr. Ken Broda Bahm: Trials and litigation are unpleasant, right? For one party, it stems from a loss or injury that forces them into court as a last resort, and for the other party, it’s a quite-unwelcome need to defend oneself against an accusation. So what’s to enjoy? As a communication experience, it is
By Dr. Ken Broda Bahm: It was another big moment yesterday as Michael Cohen, President Trump’s former personal lawyer, testified publicly before the House Oversight Committee. Widely seen as an opening act prior to Special Counsel Robert Mueller’s report on Russian interference in the election, Cohen’s testimony focused on continuing business in Russia during the campaign,
Rehabilitate Your Lying Witness Read More »