By Dr. Ken Broda Bahm: Research on human decision making is swiftly honing in on one central conclusion: Motivations lead and reasons follow. In other words, what generally comes first is a preference – a desire in the form of what we want to decide. What comes second are the reasons that support that desire. […]
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By Dr. Ken Broda Bahm: When your jury returns a verdict, who is actually speaking? Literally, of course, it is the foreperson speaking for the six to twelve on that jury. But more broadly, it is also the six to twelve speaking for the community. In some form or another, those individuals are reflecting the
Hear the Community’s Voice in Your Jury’s Damages Read More »
By Dr. Ken Broda Bahm: The jurors lean forward in their seats a bit as they have their first chance to hear about the case in opening statement. The attorney steps to the lectern, looks directly at the panel, pauses, raises his hand for emphasis and…reintroduces himself and everyone sitting at counsel table. “You’ve already
Right Out of the Blocks: Make the First Few Minutes Count Read More »
By Dr. Ken Broda Bahm: Think assessments during trial are focused narrowly on the evidence and the instructions? Think again: Jurors base case evaluations on a broader spectrum that includes reactions to the parties, their preparation, and the overall process. Litigators with much in the way of trial experience probably already know that. But a
Expect Broad Spectrum Assessments (Especially for Defendants) Read More »
By Dr. Ken Broda Bahm: Jury nullification is treated as a deep and dangerous secret. The idea that a jury can decide to follow its own moral guidance instead of following the law, is the legal doctrine that dare not speak its name, at least not anywhere near a courtroom. It’s been used as ammo
Treat Nullification as a Known Option Read More »
By Dr. Ken Broda Bahm: We’ve all heard the old saying: You never get a second chance to make a first impression. It is true that when meeting someone new, our brain is quickly putting them into a number of categories. Their background, intelligence, friendliness, attitudes, trustworthiness, and a myriad of other aspects of character
Expect First Impressions to be Carved in Stone Read More »
By Dr. Ken Broda Bahm: It’s Valentine’s time again. It’s a holiday of love, but in the political world, we’re moving out of yet another debt ceiling standoff and there is no love lost between the two sides of the spectrum. Liberals point to yet another, albeit failed, attempt to hold the country’s full faith and
Account for Ideological Intolerance 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: 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: On the 170th Christmas after the publication of Dickens’ A Christmas Carol, we finally have a diagnosis: Ebenezer Scrooge suffered from “affluenza.” That condition has surfaced most recently in the case of a well-off Fort Worth teenager who received probation and treatment, instead of a prison sentence for causing the deaths of four
Watch Out For Scrooge Read More »