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Author name: ken.brodabahm

Ask About Others

By Dr. Ken Broda Bahm: In voir dire, the whole point is to find out information about the potential juror. When you’re seeking out experiences or attitudes that you might use to warrant a strike or to mount a challenge for cause, you care about what that individual thinks, not about what anyone outside the courtroom

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Expect Reptiles to Invade New Habitats

By Dr. Ken Broda Bahm: On the defense side of the bar, attention has been exploding over plaintiffs’ Reptile approach. If you Google “Reptile” and “Litigation,” you’ll see a profusion of articles. But so far, at least, the strategy of leveraging the perceptions of “safety” and “danger” has been the subject of attention from a subset of defense lawyers:

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Expect Obedience

By Dr. Ken Broda Bahm: In the early Sixties as Adolf Eichmann’s Nazi war crimes trial was taking place in Jerusalem, the world was asking, was there something different about those who committed crimes on that scale, or were they just obeying orders? Just a few months later, a social scientist began a series of

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Excluded Evidence: If Jurors Can’t Know “What,” Help Them Understand “Why Not”

By Dr. Broda Bahm: When I give the orientation at the beginning of a mock trial, I’ll typically say something like, “Because this is a shortened version of a trial, you aren’t going to be able to hear everything. We will boil it down, summarize, and avoid some of the details, and we do that

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Make Your Opening (Sort of) Like a Closing: A Review of Representative Schiff’s Russia-Election Hearing Introduction

By Dr. Ken Broda Bahm: Well, it has been yet another fascinating week for people like me who are interested in political communication. This week, Congress kicked off hearings dealing with some explosive charges regarding a foreign country’s influence on our election, and possible coordination with a political campaign. On Monday, Adam B. Schiff, who represents California’s

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