By Dr. Ken Broda Bahm: A current article in Pacific Standard, the online publication of Miller-McCune Center for Research, Media and Public Policy, continues a debate that has become familiar to litigation consultants. The opinion piece by Seattle science writer Jane Hu makes the argument that the trial consulting field, and specifically its role in jury selection, […]
Expect Trial Consulting Myths to Die Hard Read More »
By Dr. Ken Broda Bahm: Here’s a riddle for you: Going into the midterm elections, approval ratings for Congress hovered at just around 14 percent, yet the win rate for Congressional incumbents was 96.6 percent. How can we reconcile those numbers? Americans have an incredibly low opinion of the institution, yet overwhelmingly return the same
Account for Fenno’s Paradox: We Don’t Judge Groups Like We Judge Individuals Read More »
By Dr. Ken Broda Bahm: It is one of those irritating word pairs in English, like “your” and “you’re” — similar spelling and sound, but different meaning and frequent confusion. “Adopt” means to “take something as your own,” while “adapt” means to “make an alteration in response to a situation.” The meanings are different, but
Witnesses: Don’t Adopt, Do Adapt Read More »
By Dr. Ken Broda Bahm: Juror C: Okay, we’ve answered question four, so let’s move on to five. Juror A: No, it says that if we answered “No” to four, then we skip to seven… Juror D: …I totally know the answer to six, it is “Yes!” Juror A: Wait, wait, we should not even
Consider a Flowchart Verdict Form Read More »
By Dr. Ken Broda Bahm: Ever had the experience of asking someone to ask someone else something on your behalf? It’s like a sixth-grader’s attempt to find out if someone likes you. Sometimes you need a little plausible deniability but, in most cases now, it’s easier and more direct to just ask on your own.
Let the Lawyers Ask: Five Reasons for Attorney-Conducted Voir Dire Read More »
By Dr. Ken Broda Bahm: The results of the 2014 mid-term elections are in and, for the most part, the American electorate has confirmed expectations, ushering in a swing toward the right. Before that, 2012 saw a swing to the left, and 2010 saw a swing to the right, and 2008 saw a swing to
Pay Attention to the Pendulum Read More »
By Dr. Ken Broda Bahm: It is said that you know someone when you know what they hope for and what they fear. Since we’re just past Halloween, let’s go with the latter. A new survey coming out of Chapman University focuses on the greatest fears held by Americans. Based on a random sample of
Know What Scares (the Top Five Fears) Read More »
By Dr. Ken Broda Bahm: The 2014 World Series ended yesterday in a 7th game win by the Giants. The game had some recalling the last time the Royals were in the World Series: 1985, where an infamous blown call by the umpire in game six led to a Royals win in game seven. Those
Beware the Bias for the “Safe” Call in Case Assessment Read More »
By Dr. Ken Broda Bahm: The witness is in good shape and the testimony looks to be great. There’s just one little problem in his past: a conviction. Litigators are understandably concerned about any threats to witness credibility, but if that threat comes in the form of a rap sheet, that’s viewed as a very
Don’t Assume Prior Convictions Kill Credibility Read More »
By Dr. Ken Broda Bahm: A couple of weeks ago I was working with a trial team and was present when one lawyer was profusely apologizing to another for wanting to go home. She knew there was still work to be done, she said, but she wanted to see her son before he returned to
Rest and Reflect (in Order to Learn More) Read More »