By Dr. Ken Broda Bahm: Without looking at the back of your laptop or phone, which of the images above is the true Apple logo? You probably see it every day, many times if you are in offices or airports. It is considered one of the most recognizable logos in the world. But which version is correct? […]
Treat Memory as Functional, Not Photographic Read More »
Interview of Dr. Shelley Spiecker (by Dr. Ken Broda Bahm): My colleague, Dr. Shelley Spiecker, is one of the sharpest and most experienced trial consultants in the country. So, it was with some surprise that she recently found herself on a Denver County jury. I took the opportunity to sit down with her for a
See It Through the Jury’s Eyes: A Trial Consultant Does Jury Duty Read More »
By Dr. Ken Broda Bahm: When you first meet someone, the process of coming to like and trust them is a delicate one. The received wisdom in communication is that this first-impression determination of trust is based mostly on nonverbal communication and is formed in a fraction of a second. Only “Not so fast,” say
Ask Questions to Gain Trust Read More »
By Dr. Ken Broda Bahm: I don’t like the phrase “mind reading,” particularly as applied to juries and judges. It invokes some inaccurate stereotypes of what trial consultants do and of what is possible when watching or modeling a jury. Whenever I’m asked to sit in court to observe, I make sure the client is
Practice ‘Mind Reading Motivation’ Read More »
By Dr. Ken Broda Bahm: Attitudes are the foundation for what we believe and how we act. But that foundation is often a shifty one. In my last post, I wrote about the psychology of hypocrisy, noting the recent shift in attitudes toward Donald Trump after he became his party’s de facto nominee. His favorables
By Dr. Ken Broda Bahm: One of the core narratives of our nation is that we are a melting pot, e pluribus unum and all. Today, however, we see our modern reality as more of a “mosaic” or “quilt” owing to the notion that the pieces don’t “melt,” but retain their uniqueness. The result is diversity, and a diversity in
Don’t Expect Reliable Juror Differences Based on National Origin Read More »
By Dr. Ken Broda Bahm: “Just follow the law.” That is the message jurors hear in various forms from jury selection through the final words before deliberations. In addition to being the legally appropriate charge, it speaks generally to the jurors’ sincere intentions as well. With relatively few exceptions, jurors don’t want to set policy with their
Treat Your Jury as Not Just Legal, But Political and Moral as Well Read More »
by Dr. Ken Broda Bahm: We tend to believe that we navigate our way through the world based on our own conscious choices, and this perception of free will is an important part of our identity and our world view. Experienced litigators know that this perception of choice also plays an important role in how jurors and
Expect Jurors to Exaggerate the Role of Choice Read More »
By Dr. Ken Broda Bahm: It is easy to imagine what you are likely to hear in the first few moments of the defense opening when the case involves a serious injury or death: Ladies and gentlemen of the jury, everyone here knows the pain and loss that Ms. Smith has experienced. It is a
Stop Introducing Your Defense Case By Asking Jurors to Set Aside Sympathy Read More »
By Dr. Ken Broda Bahm: Last week, in a blog article in the Huffington Post, screenwriter and columnist Robert J. Elisberg shared his trial diary from a two-week workplace injury case against the retailer Cost Plus. His notes included this observation, which is worth quoting at length: One of the oddest things of all is that, very