By Dr. Ken Broda Bahm: It has been one of the most enduring myths of voir dire and jury service generally: the idea that biases are personally known, readily admitted, and fully controllable. In order to prevent a biased juror from serving, let’s just ask them in voir dire if they’re biased, and then rely
Instruct Jurors on Unconscious Bias Read More »
By Dr. Ken Broda Bahm: If I followed the modern ‘clickbait’ style in coming up with a title for this post, maybe I’d go with “You Won’t Believe the Psychological Technique that Creates Greater Influence,” or perhaps, “Twenty Ways to Persuade with Curiosity: #19 Will Shock You!!” As much as we might hate the over-the-top social media versions (not
By Dr. Ken Broda Bahm: On June 5th, three men used a van and knives to conduct an attack on pedestrians near the London Bridge and Borough Market. Just one week later, another man used a van in an attack on people leaving a mosque near Finsbury Park. Are we likely to frame both events
Expect Facts to Be Favored When They Fit the Frame Read More »
By Dr. Ken Broda Bahm: File this in the category of, “I didn’t realize just how uninformed some people are,” a new survey makes the claim that seven percent of American adults believe that chocolate milk comes from brown cows. The data comes courtesy of the Innovation Center for U.S. Dairy drawn from an online survey conducted in April
Brown Cows and Chocolate Milk: Account for Rational Ignorance Read More »
By Dr. Ken Broda Bahm: It’s an occupational hazard: If you’re a lawyer, then you’re going to hear lawyer jokes. One that I’m fond of is, “There is really only one lawyer joke…all of the rest are true.” That one was used successfully as an icebreaker in voir dire during a recent attorney malpractice defense.
Don’t Let Anti-Lawyer Assumptions Keep You Out of the Courtroom Read More »
By Dr. Ken Broda Bahm: For politically-oriented news junkies, this past Thursday featured must-watch fare. Former FBI Director James Comey raised his hand, took the oath, and testified about his carefully-documented meetings with his old boss, President Donald Trump. What stood out from his testimony was the number of times he called Trump a liar,
Take Care When Calling Out a Liar Read More »
By Dr. Ken Broda Bahm: At one point back in my university teaching days, I worked with an international consulting group providing training on persuasion and argumentation to teachers around the world. Often, I would work with a translator. I remember being in Haiti, for example, providing training while my presentation in English was being simultaneously
Testifying in Another Language? Use Simultaneous Translation Read More »
By Dr. Ken Broda Bahm: President Trump is doing great, keeping all his promises, even as he is beset with interference from dishonest investigations. He is also failing horribly, embracing national callousness and international isolation while scandals drag his administration into chaos. Either can be treated as absolute truth, depending on who you’re talking to.
Adapt to Moral Division (Not Just Political Division) Read More »
By Dr. Ken Broda Bahm: The expert takes the stand, his credentials proudly displayed to the jury as he launches into the dissertation of his testimony. Amid the complex chains of reasoning, the opaque references to other testimony, and the indecipherable jargon, it seems that he is giving an opinion on the case. But the
Experts, Talk Like a Normal Human Read More »
By Dr. Ken Broda Bahm: High-profile trials often lead to temporarily renewed awareness of the litigation consulting field. This time around, the rediscovery has to do with the first sexual assault trial for the actor and comedian Bill Cosby. An article entitled, “Bill Cosby’s Trial is Already Showing How Twisted America Is,” came out recently in the online source Vice. Beyond
Treat Consultant-Assisted Voir Dire as Virtue Not Vice Read More »