By Dr. Ken Broda Bahm: A few years ago, I had the opportunity to attend every day of a civil trial, and then interview all of the jurors at the end of their service. I planned out a very comprehensive interview for each of them, including running through the witness lists from all parties, and
Direct Examination: Start With a Goal, Not an Outline Read More »
By Dr. Ken Broda Bahm: We’ve all heard the standard language in drug commercials: After a string of increasingly dire warnings about risks and side effects (a list that seems to nearly always end in “death”), a cheery voice will urge you to, “Ask your doctor if this drug is right for you!” While the
Ask Your Doctor If a Jury Is Right for You Read More »
By Dr. Ken Broda Bahm: It has gone from being a surprising observation last spring to a daily truism at this point: Zoom fatigue is real. Now that we are engaged in regular meetings by video web-conferencing, we’ve come to fully grasp the reality that it can be exhausting, particularly to do it for more than
Address the Causes of ‘Zoom Fatigue’ (and Audience Fatigue Generally) Read More »
By Dr. Ken Broda Bahm: At this point, approaching our quarantine anniversary, we have all done our fair share of business on Zoom. We know that keeping our attention on the small screen can be a challenge, even for an hour-long meeting. Now, imagine a jury trying to maintain attention over the course of a
Help Your Virtual Jurors Pay Attention Read More »
By Dr. Ken Broda Bahm: In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before he left office. I’ve wondered how people believe it in the first
Remember that Feelings Trump Facts Read More »
By Dr. Ken Broda Bahm: In the case of any argument or persuasive appeal you are making, you can ask the question, “Who are you aiming at?” In a jury trial, your answer might be, “The jury, of course.” But who on that jury are you aiming at in particular? In our consulting, we have
Avoid Persuasive Misalignment Read More »
By Dr. Ken Broda Bahm: With only a miserly share of current cases ending up in a jury trial, the story on the state of the American jury is definitely a tale of dread, but also one that still has a little light at the end if the right changes could yet be made. Given
Honor the Ghosts of Juries Past, Present, and Yet to Come: A Christmas Carol Read More »
By Dr. Ken Broda Bahm: Many Republicans believe that President Trump lost the election only due to widespread and systemic voter fraud. When Georgia’s Republican Secretary of State, Brad Raffensperger, a Trump voter and donor, says that Democrat Joe Biden won on a legitimate count (and recount) of the votes, he is part of the
Watch Out for Self-Sealing Belief Systems Read More »
By Dr. Ken Broda Bahm: Looking at the question, “What does a federal judge expect from an Assistant United States Attorney (AUSA)?” U.S. District Court Judge Michael H. Simon of the District of Oregon, in a recent issue of the DOJ Journal of Federal Law and Practice (Simon, 2020), gives his answer in an acronym
Follow Judge Simon’s ‘Casa Le Pyro’ Read More »
By Dr. Ken Broda Bahm: It is becoming axiomatic that you can’t talk people out of hardened views. Particularly on political subjects; the common view is that we are in a “post-persuasion” era. Perhaps that depressing assumption explains why I was hopefully drawn toward a recent headline in The Atlantic magazine, “How We Got Trump Voters to
Take Some Lessons from “Deep Canvassing” Read More »