By Dr. Ken Broda Bahm: Imagine this future scenario. Those called for jury duty arrive at the courthouse. First comes security, with purses and wallets scanned on the belt while the citizens step through the metal detector. Then comes the “Neuro-Voir Dire” as candidate jurors step into a functional Magnetic Resonance Imaging (fMRI) machine so
By Dr. Ken Broda Bahm: A good witness should not see cross-examination as an argument, but neither should that witness see it as a time to be agreeable and passive with opposing counsel. Because the inherent conflict of cross piques the jurors’ interest, it can be a critical time. The two sides are in direct
Counterpunch: Ten Ways to Fight Back on Cross Read More »
By Dr. Ken Broda Bahm: What happened to Flight 370? For more than two weeks the world has searched for answers. As of press time for this post, investigators have found debris that they believe marks the end of the flight in the Indian Ocean, but that is just prompting new, possibly unanswerable questions about
By Dr. Ken Broda Bahm: Think assessments during trial are focused narrowly on the evidence and the instructions? Think again: Jurors base case evaluations on a broader spectrum that includes reactions to the parties, their preparation, and the overall process. Litigators with much in the way of trial experience probably already know that. But a
Expect Broad Spectrum Assessments (Especially for Defendants) Read More »
By Dr. Ken Broda Bahm: Justin Bieber, the Canadian tween-idol, is now in the career phase of trying to kill his early Disney-fied image by becoming a bad and dangerous character (see also Miley Cyrus). In a U.S. civil case involving alleged physical assault committed by Bieber’s bodyguards, he recently had his deposition taken. Now,
Testify Without Contempt Read More »
By Dr. Ken Broda Bahm: Jury nullification is treated as a deep and dangerous secret. The idea that a jury can decide to follow its own moral guidance instead of following the law, is the legal doctrine that dare not speak its name, at least not anywhere near a courtroom. It’s been used as ammo
Treat Nullification as a Known Option Read More »
By Dr. Ken Broda Bahm: The prospects for persuasion in some cases can seem quite dismal. Those who are most committed to a false belief, and therefore most in need of persuasion, are also those who are most likely to turn away information that questions those existing views. Indeed, the act of hearing and responding
Account for Both Cue and Rebound Read More »
By Dr. Ken Broda Bahm: If a “hot bench” is one that involves a judge actively participating in oral argument with questions and responses, then a “cold bench” must be one in which the judge just sits silently and watches. By that standard, there is no better exemplar of the cold bench than U.S. Supreme
Know How to Address a “Cold Bench” Read More »
By Dr. Ken Broda Bahm: Consider for a moment what is going on in the minds of jurors. They’ve been asked to sit in judgment of the actions of another in a way that will have a direct and immediate effect on either the freedom or the fortunes of that party. It’s a setting that
Know Your ‘God-Thinking’ (Book Review) Read More »
By Dr. Ken Broda Bahm: We’ve all heard the old saying: You never get a second chance to make a first impression. It is true that when meeting someone new, our brain is quickly putting them into a number of categories. Their background, intelligence, friendliness, attitudes, trustworthiness, and a myriad of other aspects of character
Expect First Impressions to be Carved in Stone Read More »