By Dr. Ken Broda-Bahm: These are trying times for those of us who are looking to see whether American rule of law can survive its current challenges. As our executive branch tests the limits of Congressional authority, and bucks the traditions of judicial review, the question that’s up in the air at the moment is […]
Expect Low Legal Comprehension Read More »
By Dr. Ken Broda-Bahm: We live in uncertain times, and that is becoming a more obvious observation by the day. From the turmoil in the financial markets to the tumult in the marketplaces of ideas, there is a widely felt lack of security, predictability, stability, and foundation: We don’t feel particularly safe. The idea that
Prioritize Safety for Your Gen-Z Jurors Read More »
By Dr. Ken Broda-Bahm: A couple of weeks ago, I was in court to help pick a jury in a high-value case. During that early phase of jury selection, the gallery was full to capacity with potential jurors, the counsel and parties were present, the clerks bustling, but not much else was happening. As we
Attend to Your Jury Read More »
By Dr. Ken Broda-Bahm: Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will shoot up. In some cases, the claims make an obvious case for
Know When to Go Easy on Hardship Read More »
By Dr. Ken Broda-Bahm: In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after he is gone. This Christmas, that part of the seasonal story might be hitting
Account for the New Low in What Jurors Think of Health Insurers Read More »
Guest post by Josh Haby: When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm, I studied Psychology and Law, and
See Your Case from the Jury’s Eyes: My Time in the Box Read More »
By Dr. Ken Broda-Bahm: As I write this, it is finally and mercifully Election Day, 2024. For many of us on the edges of our seats awaiting the returns, we might be considering the question, “What brought us to this?” The answer is that recent technological and cultural forces have powerfully changed American life in
Juror Polarization: As the Political Season Ends, Understand It’s Not Just a Season Read More »
By Dr. Ken Broda-Bahm: I know, I know, there’s a very good chance that every election in your lifetime has been billed as the “most important election in your lifetime.” But when it comes to next week’s election, that hyperbole just might be justified — at least based on the way the country seems to
Trial Soon? Expect Some Jurors to Have Electoral Stress Read More »
By Dr. Ken Broda-Bahm: As your juror hears testimony from a banking executive, is she thinking that banks are secretly controlling society? As another juror hears from a medical expert, is he thinking that experts like that are the ones who caused the “covid hoax”? What might it mean for your case if the jury
Be Alert for Conspiracy Thinkers in Jury Selection Read More »
By Dr. Ken Broda-Bahm: With fewer than 30 days to go until one of the most pivotal elections in our history, do you believe the polls? Many would say “No.” Even when our favored candidate is ahead, we all seem to believe that there is some built-in error in the surveys. People aren’t always willing
Expect Jurors to Censor Their Opinions Read More »