By Dr. Ken Broda Bahm: “Falsehood flies,” Jonathan Swift wrote, “and the truth comes limping after it.” Another version, attributed to Mark Twain, has the lie getting halfway around the world before the truth has a chance to put its shoes on. Both sentiments note the advantage that the false can sometimes have over the true. Modern […]
Make the Truth at Least as Sticky as the Myths Read More »
By Dr. Ken Broda Bahm: There is a story making the rounds on social media, unfortunately a true story, about two Argentinian young women in their twenties. Maria José Coni and Marina Menegazzo were traveling the world together and found themselves in Ecuador without a place to stay for the night. They accepted an offer from two men
Understand Victim-Blame Read More »
By Dr. Ken Broda Bahm: In the wake of the “Brexit” vote for Great Britain to leave the European Union, the country has seen an unprecedented increase in xenophobic sentiments, with reports pointing out anti-immigrant leaflets, racially motivated crimes, and comments on the street. Across the pond, the U.S. has seen a similar rise in anti-hispanic and anti-muslim attacks and
Account for Disinhibition of Bias Read More »
by Dr. Ken Broda Bahm: We tend to believe that we navigate our way through the world based on our own conscious choices, and this perception of free will is an important part of our identity and our world view. Experienced litigators know that this perception of choice also plays an important role in how jurors and
Expect Jurors to Exaggerate the Role of Choice Read More »
By Dr. Ken Broda Bahm: It is easy to imagine what you are likely to hear in the first few moments of the defense opening when the case involves a serious injury or death: Ladies and gentlemen of the jury, everyone here knows the pain and loss that Ms. Smith has experienced. It is a
Stop Introducing Your Defense Case By Asking Jurors to Set Aside Sympathy Read More »
By Dr. Ken Broda Bahm: It’s the political season, and many of us are closely watching the public opinion polls. It is interesting to see that sometimes big differences between polls are caused by small differences in wording. Do Americans “prefer,” “support,” “favor,” or “intend to vote for” a given candidate? Different words make for
Choose Your Words in Voir Dire to Regulate Expressions of Bias Read More »
By Dr. Ken Broda Bahm: Attorney: “Number 14, would you say that you are biased against other people based on their race?“ Number 14: “Me? No. Definitely not. I treat people as individuals.“ I think we can all agree that this is strikingly ineffective voir dire. Research is building an increasing awareness that racism isn’t just
Voir Dire on Racial Bias Read More »
By Dr. Ken Broda Bahm: All decisions take place in a context. Change the context, and you’re often able to change the decision. Sometimes, that context is situational, like the current political campaign which is increasingly, and disturbingly, spilling over into violence. And sometimes, that context is physical, like the actual polling location where folks
Account for the Priming Effect of Location Read More »
By Dr. Ken Broda Bahm: We know the expression, “You can lead a horse to water, but you can’t make him drink.” Maybe the version for trial lawyers is: “You can lead a jury to evidence, but you can’t make them think.” Of course, they’ll do their thinking on their own, and the whole point of
Think Twice About Leading Your Mock Jurors Read More »
By Dr. Ken Broda Bahm: It should have been big victory for social science in the courtroom: Noting that lay jurors tend to give eyewitness testimony in criminal cases far more weight than it deserves, psychological researchers weighed in with recommendations, and remarkably, judges actually listened. In July of 2012, New Jersey’s judiciary adopted new jury
Beware of Instructions that Highlight but Don’t Correct Read More »