By Dr. Ken Broda Bahm: In a recent jury selection, the attorneys, clients, and I were huddled over the seating grid for the panel, talking about our strikes. “I like Jones,” the client said, “with her background, she is really going to identify with our witnesses.” Those kinds of feelings are very common during this […]
Beware of “Frenemies” on Your Jury Read More »
By Dr. Ken Broda Bahm: I have a confession to make: I cannot resist joining political arguments on social media. I know, I know, no one ever changes their minds and nearly all discussions end in stalemate. But for a student of psychology, argumentation, and persuasion, they can be pretty illuminating nonetheless. And the biggest takeaway
Ask About News Sources in Voir Dire Read More »
By Dr. Ken Broda Bahm: Here’s a tale of two witnesses, both of which I prepared in the last couple of weeks. One was a nervous wreck, absolutely convinced that his testimony would be a complete disaster. He felt, initially at least, that he had little to no control over the situation, and seemed to
Cultivate Good Stress Read More »
By Dr. Ken Broda Bahm: Witnesses make mistakes. And for the adversary, those mistakes can make for useful and entertaining cross-examination. We expect that to occur with fact witnesses who might be naive to the legal process and the attorney’s goals, but is there less opportunity to pounce on those mistakes when examining an expert?
Look for the Expert’s Mental Mistakes Read More »
By Dr. Ken Broda Bahm: There is quiet in the courtroom after the key witness on the stand is asked the critical question. As the jury, judge, and counsel wait for the answer, the witness pauses, looks up toward the ceiling, then looks back down, and answers.
Don’t Assume Looking Up Means Lying (But Do Assume Jurors Might Think That) Read More »
By Dr. Ken Broda Bahm: “Falsehood flies,” Jonathan Swift wrote, “and the truth comes limping after it.” Another version, attributed to Mark Twain, has the lie getting halfway around the world before the truth has a chance to put its shoes on. Both sentiments note the advantage that the false can sometimes have over the true. Modern
Make the Truth at Least as Sticky as the Myths Read More »
By Dr. Ken Broda Bahm: The basics of public speaking aren’t that hard to learn. But among even experienced speakers and persuaders, some seem to be more magnetic than others. That factor, charisma, makes the speaker more interesting and the content more likely to seem clear and influential. It is believed that the charisma factor played an
By Dr. Ken Broda Bahm: Wherever juries are used, we tend to expect quite a lot out of them. As Marie Comiskey, Senior Counsel with the Public Prosecution Service of Canada, has written, “While first-year law students are given a semester to learn the rudiments of criminal law, jurors are expected to become conversant with the essential
Consider Planting a Decision Tree in Your Next Trial Read More »
By Dr. Ken Broda Bahm: Sometimes the facts are right in front of the jurors’ faces, and other times they are in a black box needing to be inferred rather than observed. Intent is one such black box issue. In a recent case, for example, jurors had to decide if a defendant, John Lewis, acted in a “willful,
Slow it Down…to Emphasize Intent Read More »
By Dr. Ken Broda Bahm: When people laugh together, they’re willing to disclose more to each other. A recent post in Psyblog highlights a study (Gray, Parkinson, & Dunbar, 2015) in which groups of strangers sat together to watch a video documentary, a boring clip about golf, or a comedian. Those who watched the comedian were more likely to
Share a Laugh…in Order to Promote Disclosure in Voir Dire Read More »