By Dr. Ken Broda Bahm: By all accounts available so far, deliberations in the trial of James Holmes, the gunman in the 2012 movie theater shooting in Aurora, Colorado, ended without conflict, regrets, or recriminations – at least on the part of the jury. But their deliberations didn’t end on a point of agreement either. […]
Build Resistant Jurors: Lessons from the Aurora Theater Trial Read More »
By Dr. Ken Broda Bahm: Pick a trial venue in the United States, grab the average citizen who shows up for jury duty and put them next to the average attorney: What will stand out most immediately are the differences. Comparing education, social class, linguistic ability, habits, and a bevy of other qualities, you might
Be Real: Seven Ways to Humanize Yourself to Your Jury Read More »
By Dr. Shelley Spiecker: ‘Precious resource’ in the energy industry typically refers to a saleable commodity like a coal seam or shale play. Yet when an energy company finds itself in the courtroom, it is not coal nor shale, but industry-friendly jurors that are a ‘precious resource’. I recently spoke at the Rocky Mountain Mineral
Protect Your Precious Resource — Energy Industry-Friendly Jurors Read More »
By Dr. Ken Broda Bahm: How good are you at knowing when people are telling you the truth and when they’re lying? Generally, I’d wager that the average person probably thinks they’re better than average. And those who are self-styled experts or who have undergone training in lie detection likely believe that they have a
Expect Your Jury to Be a Pretty Good Lie Detector Read More »
By Dr. Ken Broda Bahm: Some observers didn’t think it possible, but here we are: Currently sitting pretty at the top of the polls for the GOP Presidential Nomination for 2016 is…Donald Trump. The businessman, real estate magnate, reality show M.C., and general “Tell it like I see it” personality is currently polling at close
Don’t Be Seduced by a Cheering Minority Read More »
By Dr. Ken Broda Bahm: As of this post’s press time, the National Registry of Exonerations shows the number 1,625. Those are the documented ones, at least, marking the number of people convicted of serious crimes who have been later shown to be not guilty. As our understanding of the prevalence of wrongful convictions grows, scholars and
Don’t Blame Juries for Wrongful Convictions Read More »
By Dr. Ken Broda Bahm: Think about your face. There are 43 muscles there, and even now as you’re reading this post, some are tensed and some are at rest. The resulting combination is what we call “expression.” That unique configuration of facial muscles is used as a basis for some very quick judgments —
Don’t Wear Your Tension on Your Face Read More »
By Dr. Ken Broda Bahm: Every experienced communicator knows that eye contact can be key to credibility. A communicator who maintains strong eye contact has power and immediacy, while one who avoids eye contact conveys weakness and a lack of confidence. For witnesses, that understanding is easy enough to apply in situations of live testimony:
Avoid Gaze Aversion in Your Deposition Video Read More »
By Dr. Ken Broda Bahm: Flip a coin, roll the dice, pick a number, throw a dart — there is no shortage of metaphors for the perceived randomness of juries. That belief that “anything can happen,” is applied to some extent to the whole jury model, but nowhere more so than on the topic of
Make Your Damages Numbers Meaningful Read More »
By Dr. Ken Broda Bahm: By the time they get to opening statements or closing arguments in trial, most lawyers have been living with the case facts and story so long that talking about it really isn’t the problem. What is the problem, though, is sticking to a plan, hitting the time limit, and not
Speak Extemporaneously: Seven Tips for Losing the Notes Without Going Off-the-Cuff Read More »