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 »
By Dr. Ken Broda Bahm: You’ve probably heard the expression, “Minds are like parachutes: They only function when they’re open.” That is undoubtedly true for some people. And if you’re one of the curious regular readers of this blog, then that is probably true for you. But it isn’t true for others. Their minds don’t
Adapt to Information Engagement Styles Read More »
By Dr. Ken Broda Bahm: One of the main goals of voir dire is to encourage jurors to express some of their actual biases so that you can use those expressions as a basis for cause or peremptory challenges. And there is one big obstacle to achieving that goal: Expressing bias is normally inhibited. This
Use ‘Free Speech’ to Disinhibit Expressions of Bias in Voir Dire Read More »
By Dr. Ken Broda Bahm: The cliché words, “It was a dark and stormy night,” come from the opening sentence of the novel Paul Clifford by Edward George Bulwer-Lytton. And when you read the full sentence it comes from, you get a better idea of why it has come to be the quintessential example of a bad
The Right Introduction: Learn from Fiction Read More »
By Dr. Ken Broda Bahm: When we think of persuasion in the courtroom, we might think of the specific language of strategies, tactics, and themes. We think of particular messages that can help get us to our goal. But those are really only the point of the spear. If we think about what is behind
Respect the Four Pillars of Persuasion Read More »
By Dr. Ken Broda Bahm: In a recent mock trial, the jurors deliberated on the meaning of the duty of good faith and fair dealing. The conversation went something like this: Juror 1: They clearly met the contract. I mean, look at the language. Juror 2: Yeah, but did they treat the Plaintiff the way
Good Faith and Fair Dealing: Bring It Down from the Clouds Read More »