By Dr. Ken Broda Bahm: I frequently travel around the country to meet with attorneys in order to help them get witnesses get ready for deposition. As we share our best practices, I will sometimes notice that there is a difference of opinion over how much or how little a well-prepared witness ought to say. Some […]
Witnesses, Know When to Use Your Own Words Read More »
By Dr. Ken Broda Bahm: There is a story making the rounds on social media, unfortunately a true story, about two Argentinian young women in their twenties. Maria José Coni and Marina Menegazzo were traveling the world together and found themselves in Ecuador without a place to stay for the night. They accepted an offer from two men
Understand Victim-Blame Read More »
By Dr. Ken Broda Bahm: In the wake of the “Brexit” vote for Great Britain to leave the European Union, the country has seen an unprecedented increase in xenophobic sentiments, with reports pointing out anti-immigrant leaflets, racially motivated crimes, and comments on the street. Across the pond, the U.S. has seen a similar rise in anti-hispanic and anti-muslim attacks and
Account for Disinhibition of Bias Read More »
By Dr. Ken Broda Bahm: Our court system is all about law, obviously, but sometimes the legal field intersects with research fields. Two points where the law overlaps with research methods are the use of scientific testimony and the conduct of pretrial research projects like mock trials or focus groups. In both settings, a failure to appreciate
Follow 10 Simple Rules for Pretrial Research and Scientific Testimony Read More »
Interview of Dr. Shelley Spiecker (by Dr. Ken Broda Bahm): My colleague, Dr. Shelley Spiecker, is one of the sharpest and most experienced trial consultants in the country. So, it was with some surprise that she recently found herself on a Denver County jury. I took the opportunity to sit down with her for a
See It Through the Jury’s Eyes: A Trial Consultant Does Jury Duty Read More »
By Dr. Ken Broda Bahm: When you first meet someone, the process of coming to like and trust them is a delicate one. The received wisdom in communication is that this first-impression determination of trust is based mostly on nonverbal communication and is formed in a fraction of a second. Only “Not so fast,” say
Ask Questions to Gain Trust Read More »
By Dr. Ken Broda Bahm: Modern life and communications tend to put up quite a few barriers to concentration. It’s easy to be distracted. Let’s say you are putting together an important memo when some other alternate possibilities creep into your awareness: Maybe you should check your calendar really quickly…or maybe see if any new
Make Concentration Contagious Read More »
By Dr. Ken Broda Bahm: Our trial system is set up so your adversary is on the other side and your judge is neutral. The courtroom layout illustrates that relationship, and trial procedure supports it. But at times, advocates can find themselves treating the judge as the adversary. Few examples rise to the level of presumptive
Argue With the Other Side, Not With the Judge Read More »
By Dr. Ken Broda Bahm: Some witnesses approach their deposition or trial testimony with unmitigated dread, while others treat it as a walk in the park. While the scrutiny and possible entrapment can be terrifying to some, it just doesn’t register for others. We would like to think that the happy medium is a point
Witnesses: Cultivate (a Little) Overconfidence Read More »
By Dr. Ken Broda Bahm: I don’t like the phrase “mind reading,” particularly as applied to juries and judges. It invokes some inaccurate stereotypes of what trial consultants do and of what is possible when watching or modeling a jury. Whenever I’m asked to sit in court to observe, I make sure the client is
Practice ‘Mind Reading Motivation’ Read More »