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: There is an old saying attributed to Mark Twain, that “A lie can travel halfway around the world while the truth is still putting its shoes on.” Based on a recent large-scale MIT study, that turns out to be pretty accurate. The study, released this past week in the journal Science (Vosoughi,
Use the Features that Make the Fake News Fly Read More »
By Dr. Ken Broda Bahm: You know it is possible. As those jurors leave the courtroom with their mobile phones on a break or at the end of the day: They could be off on their own evidence-gathering foray, looking up the parties, the lawyers, the witnesses, or the law. But, they’ve been given strong
Expect a Majority of Your Jurors to Commit Online Misconduct Read More »
By Dr. Ken Broda Bahm: Good advocates will spend considerable amounts of time wondering about their audience. They’ll also wonder about the parties and the witnesses on the other side. What do we know about them? Beyond what we see in the courtroom or learn about through the official procedure, what else is there? What
Account for ‘Many Hats’ in Social Media Profiles Read More »
By Dr. Ken Broda Bahm: Have you heard of a company called Cambridge Analytica? Well, chances are, they’ve not only heard about you, they know quite a bit about you. Until recent months, the company had been a little-known data analysis outfit based in London. But based on a number of reports, including a very informative recent
Understand How the Presidential Campaign Rewrote the Book on Persuasion Read More »
By Dr. Ken Broda Bahm: The internet age has brought new tools but also new concerns to the task of jury selection. The ubiquity of social media and other forms of online presence has meant that lawyers, trial consultants, and other specialists now can and frequently do consider that information when selecting a jury. But that
Protect Juror Privacy But Don’t Ignore Public Information Read More »
By Dr. Ken Broda Bahm: The vast majority of jurors are conscientious and careful, and at least aim to be compliant with instructions. At the same time, there are a few examples in recent years that would seem to challenge that perception. For example, there is the widely reported story of the Miami mistrial in which fully
Play it Safe with Clear Instructions (Especially on Juror Social Media Use) Read More »
By Dr. Ken Broda Bahm: As more and more Americans are moving their lives onto social media, the legal world is adapting. Specifically, litigators are coming to realize what a world of information this opens up for voir dire, and to acknowledge as well the responsibilities it creates. The Bar of New York City, for
Cover Your Tracks (When Sneaking a Peek at Your Jurors’ Social Media) Read More »
By Dr. Ken Broda Bahm: The way we create, locate, and measure public opinion is changing, and fast. It used to be that we treated the body public as a passive audience waiting to be canvased, surveyed, or focus-grouped. Today, however, people in all demographics are active in public and semipublic internet spaces creating, sharing, and liking
Account for Social Media Distortion Read More »
By Dr. Ken Broda Bahm: It will not go down as one of the doctor’s smartest Facebook updates. Returning to work at Wales General Hospital last December, Dr. Brendan O’Riordan added a note on his status: “Back and causing chaos,” he wrote, “Been in theatre this week slaughtering the innocent.” That stab at humor is
Vet Your Public Persona Read More »