By Dr. Ken Broda Bahm: Every persuader, and legal persuaders in particular, understand that bias is both pervasive and powerful. The idea that potential jurors will be carrying attitudes and experiences that could influence their decision is the norm and not the exception. As a trial attorney, your goal is to eliminate it. In practice, […]
Account for the Contagion of Bias Read More »
By Dr. Ken Broda Bahm: What do I mean when I say the witness should treat cross-examination questions like a flashlight in a dark room? I mean that the questions are designed to shine a light on some things and to purposefully leave other things in the dark. Imagine, for example, a series of questions
Treat Cross-Examination Questions as a Flashlight in a Dark Room Read More »
By Dr. Ken Broda Bahm: The idea of a reluctant jury — a jury of people who would really like to be just about anywhere else, a jury of people who tried like hell to get out of it and failed — that idea is fairly well ingrained in our system. Among many, especially those
Expect a (Mostly) Willing Jury Read More »
By Dr. Ken Broda Bahm: The law expects legal decision making to work like a smooth and well-oiled machine. But as any experienced legal persuader knows, there is sand in those gears. That sand takes the form of cognitive biases: mental shortcuts or heuristics. They’re not necessarily mistakes, but factors that make legal decision making
Know Your Cognitive Biases, Part 2 Read More »
Dr. Ken Broda Bahm: There are so many reasons why it is good to make a list, I could make a list of them (and actually, I did). But, safe to say, lists are ubiquitous in communication. We use them for shopping, for things we need to do, and steps we need to take. Mentally, we like
Don’t Mix up the Do’s and the Don’ts Read More »
By Dr. Ken Broda Bahm: The way trial and deposition testimony works is that you hear from one witness at a time. We have individual testimony, we don’t have group testimony. Or do we? Is there a chance that when we are hearing from the individual, we are hearing a message that has already been
Look Out for Group Influence in the Witness Pool Read More »
By Dr. Ken Broda Bahm: You’re forgiven if you didn’t notice, but for the past couple of years, the General Mills cereal called “Trix” has been available only in a “heathier” version. That means that it kept all the sugar, but lost the artificial coloring, using vegetable and fruit ingredients instead. Apparently, there are some
Know Your Audience: Trix Are for Kids (Who Don’t Care About Artificial Colors) Read More »
By Dr. Ken Broda Bahm: President Trump has just announced the third version of his ban on travel to the U.S. by residents from specific countries. This time the ban includes the unlikely traveler from North Korea and some Venezuelan officials, but this third version is still recognizable as his ‘Muslim travel ban,’ the campaign promise that,
Voir Dire on Islamophobia Read More »
By Dr. Ken Broda Bahm: In his speech to the UN General Assembly last Tuesday, President Trump issued a pretty blunt threat. If the United States is forced to, he said, “We will have no choice but to totally destroy North Korea.” It was not out of step with his previous rhetoric on the subject, including
Recognize the Weakness of ‘Hardball’ Rhetoric Read More »
By Dr. Ken Broda Bahm: There’s a quote most often associated with Martin Luther King: “The arc of the moral universe is long, but it bends toward justice.” When applied to historical progress, these words generally connote the comforting message that “Things get better.” Our recent history, however, seems dedicated to showing that if there’s an
Look for an Increased Perception that Racism Is a Major Problem Read More »