By Dr. Ken Broda Bahm: Once during oral voir dire in a commercial case, I listened as one potential juror noted his cynicism toward the civil trial process. “Rich people fighting over money,” he said. While that particular venire member may have been angling for a strike, and definitely received one, the comment does speak […]
Account for the Wealth Bias Read More »
By Dr. Ken Broda Bahm: Another mass shooting at a school, this time at Umpqua Community College in Roseburg, Oregon. Another isolated and disturbed gun collector, and another set of victims to be remembered: nine in this case. In President Obama’s remarks, we see increasing frustration as he spoke of “more American families — moms, dads, children —
Note the Difference Between Tragedy and “Stuff Happens” Read More »
By Dr. Ken Broda Bahm: While we like to frame it in terms of “justice,” the trial system is based to a large degree on punishment. On the criminal side, that focus is obvious as jurors decide whether the accused deserves a penalty, and if so, what level of penalty is most appropriate. But from
Ground Punishment in Empathy Read More »
By Dr. Ken Broda Bahm: The advice is as old as the art of communication: Look at the person you are talking to. And it is good advice. Eye contact makes it easier for audiences to stay engaged and more likely that speakers will focus on their targets. For a witness on the stand during
Treat Witness Eye Contact As a Three-Way Conversation Read More »
By Dr. Ken Broda Bahm: No, I don’t mean that you should strike up a conversation with your current jurors in the elevator — that kind of interaction is likely to lead to a quick mistrial and a contempt of court citation. But you should aim for methods of education that are as interactive as
Interact With Your Jurors Read More »
By Dr. Ken Broda Bahm: This past Friday I attended a fascinating, albeit a little terrifying, conference for the Civil Jury Project at New York University School of Law. Entitled “The State and Future of Civil Jury Trials,” the conference kicked off what U.S. District Judge William Young called, “The last best hope for the
Fight for the Civil Jury Read More »
By Dr. Ken Broda Bahm: I regularly interview jurors after a trial, and nearly every time, the former jurors that I speak with see their time in the box as a worthwhile experience. Eight million Americans report for jury duty each year, and while there are definitely complaints, a consistent theme is that upon completing their
Support a Jurors’ Bill of Rights Read More »
By Dr. Ken Broda Bahm: What a difference a little bit of time can make. In 1996, same-sex marriage was more likely to be the punchline of a joke than a serious policy position, and support hovered at just 26 percent of the American public. By the time the Supreme Court ruled in Obergefell this
Learn From the Sea Change in Attitudes Towards Gays and Lesbians Read More »
By Dr. Ken Broda Bahm: When it comes to memory and attention, goldfish get a bad rap. It is said that they can only keep a thought in their heads for such a short span that the little plastic castle must be a surprise every time they see it. In truth, research shows that goldfish
Account for a Vanishing Attention Span Read More »
By Dr. Ken Broda Bahm: Republican presidential candidate Donald Trump has picked his preferred insult for fellow GOP hopeful Jeb Bush. On at least six occasions over the past few days, the Donald has referred to the Jeb as a “low-energy person.” He doesn’t have strength, passion, or enthusiasm, Trump says, at least not so much
Don’t Be Jeb: A “Low-Energy Person” Read More »