By Dr. Ken Broda Bahm: The time has finally come for the first votes to be cast in the presidential primaries: the Iowa caucus. That contest has historically proven to be somewhat unpredictable, even to pollsters, and with tight races on both sides, that trend is likely to continue. At this stage, public opinion trackers […]
Distinguish Between Attitude and Behavior in Voir Dire Questions Read More »
By Dr. Ken Broda Bahm: It should have been big victory for social science in the courtroom: Noting that lay jurors tend to give eyewitness testimony in criminal cases far more weight than it deserves, psychological researchers weighed in with recommendations, and remarkably, judges actually listened. In July of 2012, New Jersey’s judiciary adopted new jury
Beware of Instructions that Highlight but Don’t Correct Read More »
By Dr. Ken Broda Bahm: Consider these words through the lens of your case assessment leading up to trial: “People tend to be optimistic creatures, looking forward to a long life, imagining it full of pleasures and success, and savoring the achievements that are yet to come. Numerous writers have noted this to be a
In Settlement, Account for the Sobering-Up Effect Read More »
By Dr. Ken Broda Bahm: The current political campaign season is not just a source of entertainment or concern (depending on your level of seriousness about it); it is also a source of education on persuasion. One important new lesson comes from political consultant and public opinion researcher Mathew MacWilliams in a current essay in Politico.
Look Out for the Authoritarian Personality Read More »
By Dr. Ken Broda Bahm: If you’ve seen the old film Ferris Beuller’s Day Off, then you remember one of my favorite scenes where the teacher, played by Ben Stein, attempts to cover U.S. economic history to a group of students who could not be more bored or disengaged. And they can hardly be blamed since
Energize Your Voice Read More »
By Dr. Ken Broda Bahm: One common piece of advice given to fact witnesses during deposition preparation meetings is that it isn’t their role to instruct opposing counsel on everything they ought to know: “Witness, Don’t Teach.” I’ve resisted the temptation to set that advice to the music of Madonna’s “Papa, Don’t Preach” song, but
Witness, Don’t Teach (in Deposition) Read More »
By Dr. Ken Broda Bahm: “Every time I think about those kids it gets me mad,” President Obama said, while talking about the first grade victims in the Newtown massacre of 2012. Only his face read “sad” rather than “mad,” as he gave a statement earlier this week on his new executive actions to reduce gun violence.
Treat Sympathy as a Low-Power Strategy Read More »
By Dr. Ken Broda Bahm: It is every parent’s lament: Time is going by so quickly…It seems like only yesterday…They grow up so fast. Of course, much of this is what I’d call a “retrospective illusion.” It is only when we are looking back on the past that the days, months, or years seem to
By Dr. Ken Broda Bahm: Our stories like the number three: There are three little pigs and three bears, as well as Harry, Ron and Hermione. Our movies like threes, as Star Wars now embarks on the last of its three trilogies. Our advertisements like the number three as well: the iPad 2 is “thinner, lighter, faster.”
Remember the Rule of 3: It’s Simple, Logical, and Effective Read More »
By Dr. Ken Broda Bahm: In 1620, Francis Bacon wrote in Novum Organum, “The human understanding when it has once adopted an opinion…draws all things else to support and agree with it. And though there be an increasing number and weight of instances to be found on the other side, yet these it either neglects or
Reject Your Confirmation Bias (Or At Least Try To) Read More »