By Dr. Ken Broda Bahm: I’ve written about presidential aspirant Herman Cain, and his effective use of the “9-9-9” mnemonic, but more recently, Mr. Cain might be having more troubling memories. Specifically, he might be thinking, “If only I had an iron clad non disclosure agreement in my sexual harassment settlements….” While Mr. Cain’s predicament is unique, what is […]
Help Your Fact Finders Think About What Might Have Been Read More »
By Dr. Ken Broda Bahm: Two rival narratives are currently battling it out in a Boston courtroom in the Tarek Mehanna case. The prosecutor’s story involves the spectre of homegrown terror, narrowly averted before anyone was harmed. The defense story involves an individual prosecuted for expressing opinions and for refusing to become an informant for the FBI. A key
Get Inside the Black Box of “Intent:” A Note on the Tarek Mehanna Trial Read More »
By Dr. Ken Broda Bahm: The news media pounced on it, but the scholars said it didn’t exist. The “CSI Effect,” or the tendency for high technology crime dramas to fuel a juror expectation for sophisticated investigations and definite answers, entered the popular and media imagination as a powerful effect that could stymie prosecution (by creating unrealistic evidentiary
Yes, Virginia, There is a CSI Effect: Account for It in Your Science Case Read More »
Dr. Ken Broda Bahm: It is generally a mistake to change strategies in the middle of trial. Dr. Conrad Murray, the personal physician hired to care for Michael Jackson during the rehearsals for his comeback tour, is now in trial on involuntary manslaughter charges in the entertainer’s death, based on his administration of Propofol, a drug usually administered
By Dr. Ken Broda Bahm: As you begin reading this post, please don’t think about the white bear. Seriously, don’t think about it. Did that work? Or are you now thinking about the white bear even more? That is the classic example in psychology research on the counterproductive effect of “thought suppression” instructions. Test subjects given
By Dr. Ken Broda Bahm: As we enter the 20th day of protesters’ continued occupation of Wall Street, and sit-ins spread to similar sites across the country, what stands out the most is the sheer variety of their causes. The first declaration to emerge from the Wall Street encampment highlights concerns ranging from home foreclosures, to government bailouts, faulty products, medical
Bad Company: Investigate the Sources of Anti-Corporate Attitudes Read More »
By Dr. Ken Broda Bahm: Rushing into the courtroom, late in returning from a break, the lawyer stood before the already seated jury, red-faced, but with a self-deprecating smile. “Ladies and gentlemen, this is what every lawyer fears, and I’m truly…mortified to have kept you waiting.” And the jury responded not with irritation, but with
Don’t Be Afraid of a Little Humiliation in the Courtroom Read More »
By Dr. Ken Broda Bahm – Aristotle, the original philosopher of communication, wrote in The Nicomachean Ethics about “the Golden Mean, ” or the idea that virtue is often a happy medium between two vices (for example, courage is the virtue wedged between the vices of recklessness on the one hand, and cowardice on the other). More
Aim Your Damages, And Your Case, at “The Golden Mean” Read More »
By Dr. Ken Broda Bahm – In a recent viral video on YouTube an old couple peers into a computer webcam, trying to figure out how to operate the device, not realizing that they are recording themselves. Beyond providing a charming vignette, the clip might also be seen as a window into the future of the American jury.
Account for the Graying of Your Jury Pool Read More »
By Dr. Ken Broda Bahm – Your case has finally gone to the jury, and the panel is now ensconced in the jury room. What are they doing in there? Are they carefully and logically arguing the merits of your case, considering all sides until the truth wins out? If you have ever watched a closed-circuit feed of mock jury deliberations,
No Blank Slate (Part 2): In Closing, Treat Your Jurors as Instrumental Arguers Read More »