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 »
By Dr. Ken Broda Bahm: In courtrooms making tentative steps toward reopening to in-person jury trials, some of the parties have called for increased use of juror questionnaires, ideally filled out ahead of time either by mail or online. This makes a great deal of sense in, at least, reducing the time spent during voir dire,
Juror Questionnaires: Expect Some Deception Read More »
By Dr. Ken Broda Bahm: As a twice-weekly blog writer focusing on the social science of legal persuasion, I am thankful that during this medical emergency, the research has kept coming. Even as restaurants, bars, beaches, and schools have been shut down, the researchers have continued to turn in their research. In some ways, it
Scientific Testimony: Don’t Rely on Shortcuts Read More »
By Dr. Ken Broda Bahm: What do your potential jurors think about the necessity to follow the law at all times? While it won’t apply in all cases, it will apply to many. Recent protests against police brutality across the country have led to scores of non-violent protestors being arrested for crimes such as “failure
Voir Dire on Civil Disobedience Read More »
By Dr. Ken Broda Bahm: When jury trials start up again, one way or another, it is going to be a strange and potentially uncomfortable experience for the jurors. If reporting in person, they will be dealing with distancing, masks, temperature checks, hand washing and a risk of infection. Alternatively, if they are logging in
Voir Dire on Willingness to Serve Read More »
By Dr. Ken Broda Bahm: Okay, my title is purposefully provocative, but it is not an exaggeration. Based on a recently released, first-of-its-kind, comprehensive study on the effectiveness of voir dire following common practices in civil trials (Campbell et al., 2020), the verdict is that voir dire is often of no value when it comes
Treat Truncated Voir Dire as Useless Read More »
By Dr. Ken Broda Bahm: Might a fear-based strategy have greater purchase in the present pandemic climate? People are certainly feeling scared and vulnerable these days. Even as states begin to relax the coronavirus stay-at-home restrictions, the death toll continues to climb and a solid majority of the American public is not at all eager
Prepare for the COVID Reptile Read More »
By Dr. Ken Broda Bahm: As the national and international coronavirus crisis is still moving toward its peak, one of the few bright spots has been hearing about the daily acts of support for the many medical professionals who are on the front lines of combat. People and restaurants have been cooking and donating meals, factories
Expect Some Favoritism for Those on the Front Lines Read More »
By Dr. Ken Broda Bahm: Roger Stone has now been sentenced, following conviction on seven counts of obstruction, false statements, and witness tampering. But for the political fixer and his legal team, the fight isn’t over. In a recent motion, they argue for a new trial, claiming that the jury’s foreperson showed bias in being
Let He Who Is Without Bias Cast the First Stone Read More »