By Dr. Ken Broda Bahm: Many have noted that the American trial seems to be suffering a kind of death by discovery. “Just the amount of documents and discovery that you have to deal with before you ever get to a trial are so enormous that the costs are higher and it just bogs the process […]
Conduct Discovery on Your Trial Audience Read More »
By Dr. Ken Broda Bahm: The Superbowl is now over, the Seahawks are victorious, and now it is time for the traditional post-game attention to turn toward the commercials (especially for Broncos fans). This year, the winner in the most-discussed category seems to be the Budweiser commercial featuring the heartwarming bond between dog and horse.
Be Skeptical of Dial Testing Read More »
By Dr. Ken Broda Bahm: Let’s play word association. If I say “old age,” what are the first words that come to mind? Would it be something like “senile,” “feeble,” “scattered,” “sad,” “sick,” or “absent-minded”? If so, you would be in line with most individuals’ general associations with the elderly. And these stereotypes attach to
Trust Your Older Jurors (or Judges) Read More »
By Dr. Ken Broda Bahm: For my first line of this blog post, I want to say something. I have to say, honestly, it is going to be important. But I don’t want you to take it the wrong way. So, here it is: When communicating, don’t tee up your statement, just say it. That’s
Avoid Verbal Tee Ups Read More »
By Dr. Ken Broda Bahm: When it comes to assessing someone’s believability and deciding whether they’re lying to you or not, which works best: your quick “gut” intuition or more sustained and careful thought about it? It turns out, the answer is “neither.” Immediate choices, as well as decisions made after longer deliberation, are both
Don’t Overthink Your Credibility Assessments Read More »
By Dr. Ken Broda Bahm: New Jersey Governor Chris Christie seems to be stuck in a jam, and much like the George Washington bridge commuters last September, it doesn’t seem to be going anywhere. At this point, it appears his marathon press conference hasn’t helped. He publicly apologized for the actions of his staff in closing
Don’t Sully Your ‘Sorry’ Read More »
By Dr. Ken Broda Bahm: I was recently assisting in a criminal jury selection. Over the course of several days, we moved through close to 50 potential jurors. I heard over and over again both sides’ efforts to acquaint the venire members with the standard of proof and to assess their willingness to follow it. “It
Expect Jurors to Apply Their Own Standard of Proof Read More »
By Dr. Ken Broda Bahm: I was recently working with an expert witness facing his first time in an American courtroom, armed with English as his third language. At the end of our conversation, I told him that I thought he would really enjoy it, and find it truly interesting. I didn’t realize it at
Stage Fright in Court? Don’t Calm Down, Psych Up Read More »
By Dr. Ken Broda Bahm: Ducks and Vikings have been prominent recently on the free expression front of the culture wars. The ‘Duck’ would be Duck Dynasty’s reality star Phil Robertson, who’s recent comments on homosexuality and race caused his network, A & E, to briefly suspend him from the show. The ‘Viking’ would be former
Frame It as “Freedom with Consequences” Read More »
By Dr. Ken Broda Bahm: A few days ago, I was reading through documents for a medical malpractice defense. The case involved a woman who died under OB/GYN care. As sometimes happens, I found myself wanting a mental picture as I read the story. After I typed in her name, my browser quickly returned the
Account for “Lookism” Read More »