By Dr. Ken Broda Bahm: Attorney: “Number 14, would you say that you are biased against other people based on their race?“ Number 14: “Me? No. Definitely not. I treat people as individuals.“ I think we can all agree that this is strikingly ineffective voir dire. Research is building an increasing awareness that racism isn’t just […]
Voir Dire on Racial Bias Read More »
By Dr. Ken Broda Bahm: There comes a moment in each expert’s testimony where the actual opinions are delivered, and they’re always delivered with something like this build-up: “I can say to a reasonable scientific certainty that….” In physician malpractice cases, substitute the word “medical” for “scientific.” That is the legal standard, but what does that
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By Dr. Ken Broda Bahm: Last week, in a blog article in the Huffington Post, screenwriter and columnist Robert J. Elisberg shared his trial diary from a two-week workplace injury case against the retailer Cost Plus. His notes included this observation, which is worth quoting at length: One of the oddest things of all is that, very
By Dr. Ken Broda Bahm: In anyone’s preparation for an oral presentation of any kind, there is a gap between the time when you know what you want to say, and the time when you’re really ready to get up and say it. During that gap, the greatest imperative is to make yourself comfortable and
By Dr. Ken Broda Bahm: The rational legal model would say that jury selection should work something like this: The attorney asks if any of the potential jurors have any current knowledge or views on the case or the parties. The question is purely neutral and doesn’t, in the process, give away any knowledge or suggest
Move Beyond the Myths of Voir Dire Read More »
By Dr. Ken Broda Bahm: All decisions take place in a context. Change the context, and you’re often able to change the decision. Sometimes, that context is situational, like the current political campaign which is increasingly, and disturbingly, spilling over into violence. And sometimes, that context is physical, like the actual polling location where folks
Account for the Priming Effect of Location Read More »
By Dr. Ken Broda Bahm: In a pending battle of the Tech-Titans, Oracle is seeking $1 billion in damages in a copyright case on application programming, and Google is claiming a fair use defense. With those household names facing off, one would think that the case would warrant some additional time and process for voir dire —
Make Greater Use of Juror Questionnaires Read More »
By Dr. Ken Broda Bahm: At the heart of our thinking on persuasion, there is one depressing question: “Is it possible to persuade someone once they have dug in on a position?” The rational model would like to think so, and the law would like to think so as well. Give someone evidence, and you influence
Argue and Cross in a Way that Doesn’t Threaten Identity Read More »
By Dr. Ken Broda Bahm: We know the expression, “You can lead a horse to water, but you can’t make him drink.” Maybe the version for trial lawyers is: “You can lead a jury to evidence, but you can’t make them think.” Of course, they’ll do their thinking on their own, and the whole point of
Think Twice About Leading Your Mock Jurors Read More »
By Dr. Ken Broda Bahm: I fly United Airlines on average a couple times a week. On a recent return home, I witnessed something remarkable before takeoff. All around me, people were watching the safety video! Contrast that with what is more typically the case: all the business people and vacationers chatting, reading, or taking
Break Through the Boredom Read More »