By Dr. Ken Broda Bahm: The courtroom is a special place, and there are both symbolic and substantive layers to that special status. At the symbolic layer, there are the physical trappings of the courtroom: dark wood, granite, columns, raised benches, bars, and flags. And at the substantive level, there is the principles that a […]
Treat Online Trials as an Access-to-Justice Issue Read More »
By Dr. Ken Broda Bahm: There are two theories fighting it out over what will happen once the pandemic fades. The first, — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s aberrations being relegated to “I remember when…” stories that we’ll tell
Plan for a Hybrid Trial System Read More »
By Dr. Ken Broda Bahm: The now one-year-old coronavirus pandemic has caused courtrooms across the country to move many of their functions, as well as some full jury trials, into an online space. On the wisdom of that move, there are broadly two camps. The technological-optimists welcome the change, noting that trials can be more
The Virtual Trial: Be Conscious of What Is Lost and What Is Found Read More »
By Dr. Ken Broda Bahm: In the classic movie, Monty Python and the Holy Grail, there is a scene that is familiar to fans. It is medieval plague-ridden times, and a man pulls a cart through a village, calling, “Bring out yer dead!” When one body is brought to him, the body protests that he isn’t
Appreciate the Nuance: Persuasion Isn’t Dead (Yet) Read More »
By Dr. Ken Broda Bahm: As it was in the first time around, the result for Donald Trump’s second impeachment trial seems to be a foregone conclusion: There is no foreseeable scenario that would have 17 republican senators crossing the aisle to vote to convict the former President for inciting the violent riots on Capital
Learn Visual Storytelling from the Second Impeachment Trial’s “Day in the Life” Video Read More »
By Dr. Ken Broda Bahm: With only a miserly share of current cases ending up in a jury trial, the story on the state of the American jury is definitely a tale of dread, but also one that still has a little light at the end if the right changes could yet be made. Given
Honor the Ghosts of Juries Past, Present, and Yet to Come: A Christmas Carol Read More »
By Dr. Ken Broda Bahm: Earlier this week, I wrote about winning and losing with dignity. For this post, I want to take a closer look at the potential flip side of that. In the days since the close state elections reached an apparently clear result for Joe Biden as the new President-Elect, the Trump
Make Sure Your Filings Pass the “Straight Face Test” (2020 Election) 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: On the eve of the final voting day in the 2020 election, it feels like the calm before the storm. As divided as Americans are in these times, there are a few beliefs that everyone seems to share: Their candidate is ahead where it counts. Their candidate is generally popular,
Enjoy the Calm, Prepare for the Storm 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 »