By Dr. Ken Broda Bahm: A jury’s job is to judge the facts in a dispute in as neutral a fashion as possible. We expect them to give a party a fair hearing whether the party is just like them or completely dissimilar. The elderly conservative should be able to evaluate the dreadlocked artist as
Look for Increasing Tolerance (but Not Necessarily Greater Empathy) Read More »
By Dr. Ken Broda Bahm: When the facts supporting one’s beliefs are challenged, one common recourse is to reframe those beliefs in a way that is more resistant to factual refutation. Calling this the “flight from facts,” a new article in Scientific American shares an example: An anti-vaccine believer first notes the purported connection between vaccines and autism,
Fight the “Flight from Facts” Read More »
By Dr. Ken Broda Bahm: In our system, it is common to see someone suing someone else, but it is rare for that someone to be a juror. But that is exactly what is happening in the latest outgrowth of the decision to not indict Ferguson police officer Darren Wilson in the shooting of Michael
Let the Jurors Speak (After Trial) Read More »
By Dr. Ken Broda Bahm: It’s an unfamiliar word, “entrain,” but here’s what it means. In the hotel bar where I’m writing this, there are two conversations going on. At a table toward the back, two women are having what looks like a serious conversation. They’re leaning in towards each other at identical angles, both
By Dr. Ken Broda Bahm: Trial lawyers and consultants know how important it is to boil it down, and tend to agree with the three points famously made by Henry David Thoreau: “Simplify, simplify, simplify!” Our main reason for doing so, however, might be a little bit too simple. It is not just that simpler
Treat This as Simple Truth: What’s Simple Seems Like Truth Read More »
By Dr. Ken Broda Bahm: A recent piece in The New York Times focuses on the increasing prevalence of longer questionnaires for those called in for jury duty. While such questionnaires tend to attract media attention in high-profile cases, the article notes that they’ve “become a familiar presence in courtrooms across the United States.” The reaction from consultants
By Dr. Ken Broda Bahm: Litigation has one thing in common with real estate: location matters. There will be reliable differences when trying a case in one venue versus another. And some of the most reliable differences come down to the sometimes vast distance between a city jury and a country jury. The distinctions are
Compare the City and Country Juror Read More »
By Dr. Ken Broda Bahm: Late last week, as large crowds in Ferguson continued to protest the police shooting of the 18-year-old unarmed Michael Brown, Police Chief Thomas Jackson made two announcements. One, he released the name of the officer involved (Darren Wilson) after it was already released by the hacker goup Anonymous. And two,
Take Care With Character Attacks Read More »
By Dr. Ken Broda Bahm: I’ve known this since my days as a college professor: If you really want to learn something, then try teaching it. And there’s an important principle at the heart of that. The mindset of an active teacher is different — and better — than the mindset of a passive learner. When you’re
Prepare Your Jurors to be Teachers Read More »
By Dr. Ken Broda Bahm: My first thought was, “What’s NPR’s talented social science correspondent, Shankar Vedantam, doing talking about fish?” The story, reported on Friday, focused on research showing that fish make better decisions when swimming together rather than when swimming alone. An interesting finding, but where’s the “social” in that “science,” since people aren’t fish? In
School Your Jury (Like Fish) Read More »