By Dr. Ken Broda Bahm: Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same as A, B, and C measured separately. But it isn’t always. When human decision-making is factored in, the sum of A, B, […]
Account for ’the Unpacking Effect’: Sums Are Less than Their Parts 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: With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone has traveled or been at a large or inter-household gathering, “I felt safe.”
Account for the Optimism Bias 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: 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 »
By Dr. Ken Broda Bahm: The 2020 election seems to be nearing the end of the vote-counting phase, with the final ballots in Nevada, Arizona, and Pennsylvania being tallied as I write. But one clear loser is already evident: the preelection polls. Public opinion estimates that showed Joe Biden with a commanding lead, even in
Don’t (Fully) Trust Public Opinion Polls Read More »
By Dr. Ken Broda Bahm: It has been a tough year for science. On the social-science front, it seems that we have entered a phase where no one believes the polls. To conservative Trump supporters, the consensus of data showing the President well behind his Democratic challenger, even in Trump’s must-win swing states, just reflects
Address Science Denialism Read More »
By Dr. Ken Broda Bahm: Ms. Gray, if you were selected for this jury, do you believe that your experiences or views would bias you in any way against my client? There is a predictable answer from Ms. Gray: No, I would not be biased, or I feel that I would be able to set aside that bias
Assume Your Potential Jurors Won’t Call Their Bias a “Bias” Read More »
By Dr. Ken Broda Bahm: Recently, I heard about an in-person mock trial during the pandemic conducted by another consultant outside our group. At the beginning of the day, this consultant said, the jurors and the attorneys attending were all pretty diligent about wearing their masks. By the end of the day, however, most had
Comfortably Numb: Account for Desensitization Read More »
By Dr. Ken Broda Bahm: We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a given attitude or experience, not on the actual attitude or
Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal Read More »