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 »
By Dr. Ken Broda Bahm: Imagine that you receive a phone call and the voice on the line offers participation in a research project, and also offers pay. Then, the caller walks you through a series of questions to determine your eligibility, and it becomes clear what the “right” answer is. And let’s say you could
Beware of ‘Participation Deception’ in Your Surveys and Mock Trials Read More »
By Dr. Ken Broda Bahm: Whenever I am running a mock trial and playing the role of the judge, I read the instructions out loud to the mock jurors while they also read along using their own paper copies. I sometimes think that is overkill: If it were me, I think I would just listen
For Better Comprehension, Let Jurors Read Along During Instructions Read More »
By Dr. Ken Broda Bahm: Social scientists who study political orientation are realizing that it is something more than discrete attitudes about issues or candidates. Research shows that one’s identification as “liberal” or “conservative” also has to do with brain wiring. For example, some studies have found that conservatives tend to be more motivated by fear
Address Fearful Conservatives and Angry Liberals Read More »
By Dr. Ken Broda Bahm: It is well known that some people have it in for corporations, especially when these large companies find themselves on the defense side in a courtroom. Our own research has shown that a negative attitude is very common, with close to eight in ten individuals believing that large corporations tend
Understand Anti-Corporate Bias: The Extent of the Bias and the Effect of Familiarity Read More »
By Dr. Ken Broda Bahm: When Donald Trump finally gave his State of the Union Address on Tuesday, he spoke to a record number of elected women in Congress. And currently, no fewer than five high-profile female candidates have already declared to run against him in 2020. Perhaps the time for female leadership might be
Get Behind the Mask: Bias Against Female Leaders Is Greater When It’s Anonymous Read More »
By Dr. Ken Broda Bahm: If your jurors are dug in on questionable beliefs, that can matter in how they view your case. Maybe they think that every large company puts greed over lives. Perhaps they believe that every officer is always telling the truth during testimony. Or maybe they believe there is no such
Lazy or Partisan: Address the Cause of Fake News Susceptibility Read More »
By Dr. Ken Broda Bahm: If you’re a trial lawyer, chances are very good that you have marked up a flip chart or whiteboard in order to get a handle on your case. With its boxes, arrows, and circles, we might view the resulting “map” as a kind of metaphor: The ideas of the case
By Dr. Ken Broda Bahm: We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it up and use it. Instead, you want to form
Connect with Jurors: Five Practical Ways Read More »