By Dr. Ken Broda Bahm: All decisions take place in a context. Change the context, and you’re often able to change the decision. Sometimes, that context is situational, like the current political campaign which is increasingly, and disturbingly, spilling over into violence. And sometimes, that context is physical, like the actual polling location where folks […]
Account for the Priming Effect of Location Read More »
By Dr. Ken Broda Bahm: At the heart of our thinking on persuasion, there is one depressing question: “Is it possible to persuade someone once they have dug in on a position?” The rational model would like to think so, and the law would like to think so as well. Give someone evidence, and you influence
Argue and Cross in a Way that Doesn’t Threaten Identity Read More »
By Dr. Ken Broda Bahm: I fly United Airlines on average a couple times a week. On a recent return home, I witnessed something remarkable before takeoff. All around me, people were watching the safety video! Contrast that with what is more typically the case: all the business people and vacationers chatting, reading, or taking
Break Through the Boredom Read More »
By Dr. Ken Broda Bahm: The potential ability of jurors to pose a question to a witness by submitting that question first to a judge is a trial feature that always comes up in discussions of jury trial innovations and experimentation. But at a certain point, we really have to stop calling it an “innovation” or
Listen to Experience on Juror Questions Read More »
By Dr. Ken Broda Bahm: It should have been big victory for social science in the courtroom: Noting that lay jurors tend to give eyewitness testimony in criminal cases far more weight than it deserves, psychological researchers weighed in with recommendations, and remarkably, judges actually listened. In July of 2012, New Jersey’s judiciary adopted new jury
Beware of Instructions that Highlight but Don’t Correct Read More »
By Dr. Ken Broda Bahm: The current political campaign season is not just a source of entertainment or concern (depending on your level of seriousness about it); it is also a source of education on persuasion. One important new lesson comes from political consultant and public opinion researcher Mathew MacWilliams in a current essay in Politico.
Look Out for the Authoritarian Personality Read More »
By Dr. Ken Broda Bahm: If you’ve had young children, then you know that at a certain stage, watching the same movie over and over again with your kid comes with the territory. As much as the repetition might annoy you, the kids seem to love the familiarity and comfort of knowing exactly what is going
Repeat Yourself: (Carefully) Repeat Yourself Read More »
By Dr. Ken Broda Bahm: I’ve been accused before of being in love with metaphors. From my debating days in school to my current authorship of this blog, I often find myself thinking, interpreting, explaining, and arguing through the use of parallel situations and analogies. It’s my bread and butter, you could say (sorry, couldn’t
Adapt to Your Metaphorically-Minded Juror Read More »
By Dr. Ken Broda Bahm: No, I don’t mean that you should strike up a conversation with your current jurors in the elevator — that kind of interaction is likely to lead to a quick mistrial and a contempt of court citation. But you should aim for methods of education that are as interactive as
Interact With Your Jurors Read More »
By Dr. Ken Broda Bahm: This past Friday I attended a fascinating, albeit a little terrifying, conference for the Civil Jury Project at New York University School of Law. Entitled “The State and Future of Civil Jury Trials,” the conference kicked off what U.S. District Judge William Young called, “The last best hope for the
Fight for the Civil Jury Read More »