By Dr. Ken Broda Bahm: Juror 1: “The next category is ‘pain and suffering.’ How are we supposed to get to get that number?” Juror 2: “It is just whatever we want…there’s no guidance for it.“ Juror 1: “How are we supposed to do that? Put a dollar value on pain and suffering?“ Seeing an […]
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By Dr. Ken Broda Bahm: In our age, the social networks and airwaves are awash in fake news and rumors of fake news. In that context, it seems, people respond by seeking refuge in their own fortresses. That means doubling down on their core ideological beliefs and rejecting anything that comes from a different perspective.
Practice Prebunking Read More »
by Dr. Ken Broda Bahm: The simplest way to think about persuasion is as a transaction: You step up and make your best pitch, and then your target audience either accepts it or doesn’t. The conversational way of talking about whether our audience “buys what we’re selling” reinforces that view. But the more you think
Prime Before Persuasion Read More »
By Dr. Ken Broda Bahm: The trial consulting field seems to fly mostly under the radar. As a part of the attorney’s confidential work product, our role in conducting research, preparing witnesses, and helping to advise on jury selection is not generally in the public’s view. But with some regularity, the topic comes up, with
See Trial Consulting as a Proper Part of the Adversarial System Read More »
By Dr. Ken Broda Bahm: For someone starting out in a career, or in some other situation where credibility will be required, there is an expression: “Fake it until you make it.” In other words, if you act like you’ve got it, then people are going to believe that you’ve got it…and then you’ll have it.
Witness Testimony: Understand the Confidence/Competence Circle Read More »
By Dr. Ken Broda Bahm: Here’s the situation. A large number of strangers are gathered in a formal courtroom — a hushed atmosphere, dark-wood paneling, flags for the state and the U.S., a raised bench with a stern-looking judge. Nothing about that situation says, “Get ready to candidly share your personal beliefs and attitudes!” In
In Voir Dire, Create a Context for Candor Read More »
By Dr. Ken Broda Bahm: Across the country, police departments are moving toward greater use of individual officer body cams. The small, lightweight cameras are used to record police encounters from the officer’s perspective and can become evidence. In some ways, of course, this means greater protection for both the public and for honest police
Remember that the Camera Has a Bias Read More »
By Dr. Ken Broda Bahm: “Epistemology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those jurors can play a very real role. Their own styles of deciding what
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By Dr. Ken Broda Bahm: In one scenario, a worker is on a ladder, painting a ceiling at a local mall. The mall’s management did not order enough safety lines and the worker decides to go ahead and paint without one. After falling and being seriously injured, he sues for damages. The experiment indicates that responsibility
Ask If Your Jurors’ Causal Thinking Is Based on Facts or Possibilities Read More »
By Dr. Ken Broda Bahm: Defendants, and some plaintiffs, can have a source problem when it comes to legal persuasion. They’re already seen as morally questionable, and that makes whatever claims are coming from them already suspect. For defendants, they’re tainted because something bad happened and they’re “the accused.” And some plaintiffs also get that
Make Your Language More Personal and Less ‘Polite’ Read More »