By Dr. Ken Broda-Bahm: Are jurors going to believe someone paid to come into the courtroom and deliver an opinion that supports the side who’s paying? While the jurors’ assent may not be as automatic as the experts and their clients hope it would be, in courtrooms every day and across the country, jurors do follow […]
Experts, Shoot Back at ‘Hired Gun’ Assumptions Read More »
By Dr. Ken Broda Bahm: Many years ago, when I was still an academic and moving into the field of litigation consulting, I used to coach debate. Recently, a friend from that time told me that he is now coaching a program that includes a lot of inexperienced judges, including parents, and asked if I
Adapt: Don’t ‘Dumb it down’ but do dial it in Read More »
By Dr. Ken Broda Bahm: Our trial system is designed to restrict the factfinders’ information to that which is relevant, probative, and sound. When it comes to expert testimony, it is the responsibility of trial judge to ensure that the testimony has a reliable foundation. But in the case of science, particularly social science, that
Beware of Junk Science in Disguise Read More »
By Dr. Ken Broda Bahm: It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable answers to the questions that matter. A sizable chunk of the population
Address Anti-Expert Bias: 5 Ways Read More »
By Dr. Ken Broda Bahm: In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and resistance to various forms of bad information, disinformation, misinformation, rumors,
Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own Read More »
By Dr. Ken Broda Bahm: So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is just one of the factors that makes litigation expensive, creating unequal access
Experts: Testify Remotely Without Losing Influence 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: 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: Remember Carl Sagan and the original show Cosmos? It was a beloved series in the late 70’s, not just for its accessible explanations of something as complex as the history of the universe, but also for its ability to evoke a sense of wonder. As a gifted science communicator, Sagan
Experts, Cultivate Awe Read More »
By Dr. Ken Broda Bahm: So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is able to teach effectively? Someone who just comes across as an approachable
Experts: Complete the Credibility Checklist Read More »