By: Dr. Ken Broda Bahm – In litigation it is often true that, “the devil is in the data,” in the sense that numbers and how they’re presented can be extremely important. In employment cases, jurors often need to grasp the overall percentages that prove or disprove a discrimination claim. In mass tort pharmaceutical cases, expert […]
Choose a “Moving” Way to Convey Evidentiary Data Read More »
By: Dr. Ken Broda Bahm – U.S. District Court Judge G. Thomas Porteous, in his recent Senate trial, was called “something of a moocher.” Earlier this year, former Illinois Governor Rod Blagojevich was called “foolish,” and “not the sharpest knife in the drawer.” With comments like these coming from their own lawyers, it is enough to make you
By: Dr. Ken Broda Bahm – Reacting to new evidence of support in the public as well as the U.S. military for allowing lesbians and gays to serve openly, those who support a continuation of a “Don’t Ask, Don’t Tell” policy continue to warn of a dangerous loss of troop cohesion and morale, as well as the potential loss
The Persuasion Strategy You Have to Fear…Is Fear Itself Read More »
By: Dr. Ken Broda Bahm Last week, the trial of Brian David Mitchell came to an abrupt, but temporary, stop in the midst of the defense opening. The trial team for the man accused of abducting the then 14-year-old Elizabeth Smart from her bedroom in Salt Lake City, Utah in June of 2002, and sexually assaulting her over
Remember, Jurors Are Always Forgetting Read More »
By: Dr. Ken Broda Bahm In the wake of November 2nd’s Congressional Mid-Term elections, and another change in the party in charge at the House — widely read as a referendum on President Obama — the focus of punditry has turned to the question of whether the President “get’s it,” or not. As President Obama, again,
Make Sure Jurors Understand That You “Get It” Read More »
by: Dr. Ken Broda Bahm From “To Kill A Mockingbird,” all the way to “My Cousin Vinnie,” the world of cinema is filled with great trial stories. In virtually all of them, the heart of the drama is played out in a courtroom, in front of a jury, through powerful openings, closings, and witness examinations.
Take a Discovery Lesson From ‘The Social Network’ Read More »
by: Dr. Ken Broda Bahm In the recently concluded trial against former Illinois Governor Rod Blagojevich, the jurors came to refer to it as “The Bible,” based both on its power and on its frequently obscure meaning. In this case, the “it” being 105 pages of fairly complex instructions coming at the end of a thirty-nine
Address Your Jury’s Inevitable Difficulty With The Instructions Read More »
by: Dr. Ken Broda Bahm The common wisdom is that closing argument it the time to, well, present arguments. However, a sensitivity to your audience and to what jurors are trying to do during your closing argument, suggests that straightforward argument may not be the best way to help jurors feel like they’re 1.) coming
Remember That Argument Isn’t The Most Important Part of Closing Read More »
by: Dr. Ken Broda Bahm At the close of the corruption trial of former Illinois governor Rod Blagojevich for, among other things, trying to sell Barack Obama’s vacated Senate seat to the highest bidder, the defense surprised many by putting on no witnesses and by reneging on an earlier promise that Mr. Blagojevich would testify
Keep Your Burden of Proof in Your Back Pocket Read More »
by: Dr. Ken Broda Bahm If it isn’t already a saying, then I’ll try to make it one: When a case gets as far as trial, it is because one side or the other is seriously misunderstanding their chances for success. When both parties are realistic about their chances, then there is really no reason
Be More Realistic Than Your Opponent Read More »