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 »
By Dr. Ken Broda Bahm: Attitudes are the foundation for what we believe and how we act. But that foundation is often a shifty one. In my last post, I wrote about the psychology of hypocrisy, noting the recent shift in attitudes toward Donald Trump after he became his party’s de facto nominee. His favorables
By Dr. Ken Broda Bahm: What is a “Duchenne smile?” It is not a smile that just involves the corners of your mouth turning up. Instead, it is a smile that activates both the muscles around the mouth as well as the muscles around the eyes. In all persuasive situations, we are told that a sincere smile
When You Smile, Make It a Duchenne Smile Read More »
By Dr. Ken Broda Bahm: Every once in a while, popular culture rediscovers the idea that trial consultants exist. In 1995, it was the O.J. Simpson trial, then in 2003 it was the John Grisham novel turned movie, Runaway Jury. In the years between and since, that attention has been sparked periodically during media saturated trials
Call Bull on Media Representations of Trial Consultants Read More »
By Dr. Ken Broda Bahm: One of the core narratives of our nation is that we are a melting pot, e pluribus unum and all. Today, however, we see our modern reality as more of a “mosaic” or “quilt” owing to the notion that the pieces don’t “melt,” but retain their uniqueness. The result is diversity, and a diversity in
Don’t Expect Reliable Juror Differences Based on National Origin Read More »
By Dr. Ken Broda Bahm: “Just follow the law.” That is the message jurors hear in various forms from jury selection through the final words before deliberations. In addition to being the legally appropriate charge, it speaks generally to the jurors’ sincere intentions as well. With relatively few exceptions, jurors don’t want to set policy with their
Treat Your Jury as Not Just Legal, But Political and Moral as Well Read More »
by Dr. Ken Broda Bahm: We tend to believe that we navigate our way through the world based on our own conscious choices, and this perception of free will is an important part of our identity and our world view. Experienced litigators know that this perception of choice also plays an important role in how jurors and
Expect Jurors to Exaggerate the Role of Choice Read More »
By Dr. Ken Broda Bahm: The work leading up to trial is often hard analytical work — the kind of gradual and methodological grind in putting the pieces logically together. But sometimes it is creative work — the kind of work involved in resolving a problem, hatching a strategy, or discovering a theme. That creative part of
Trust Your Sudden Insights Read More »
By Dr. Ken Broda Bahm: It is easy to imagine what you are likely to hear in the first few moments of the defense opening when the case involves a serious injury or death: Ladies and gentlemen of the jury, everyone here knows the pain and loss that Ms. Smith has experienced. It is a
Stop Introducing Your Defense Case By Asking Jurors to Set Aside Sympathy Read More »
By Dr. Ken Broda Bahm: The music world has lost some of its royalty lately. On the heels of David Bowie and George Martin, last week’s loss of Prince is another blow. The artist was known for his genre-defying sound, for his prolific songwriting for himself and other artists, for his sheer musicianship with a guitar,
Take a Note from the Prince of IP (RIP) Read More »