By Dr. Ken Broda Bahm: Jurors sometimes need to grapple with science, and given the constraints of the trial process and the often-complex nature of the testimony, “grapple” is probably the right word. Whether it involves working through detailed DNA testimony in a criminal case, or evaluating epidemiological studies in a civil products liability cases, jurors […]
Expect Science Views to Vary Read More »
By Dr. Ken Broda Bahm: Some feel that the jury system has a fatal flaw. And that flaw is the jurors. They’re human, and that means they carry a wide variety of biases. Based on their experiences, their outlooks, the information they’re exposed to, and factors they may not even be aware of, they’re likely
Trust Deliberation to Reduce Bias Read More »
By Dr. Ken Broda Bahm: Our thinking about morality is often that it is some kind of divine spark in humans, or something spiritual that comes from within. But what if it is merely a set of habits that developed as we evolved, a set of rules that originated and persisted because they helped societies
Address Universal Core Values: Seven of Them Read More »
By Dr. Ken Broda Bahm: When testifying, there are some situations where a “less is more” rule applies. In a deposition, for example, you don’t want to aid the other side, and will often prefer conciseness. However, when undergoing cross-examination before a jury in trial, less isn’t more…it is less. That is, if you limit
Trial Witnesses, Un-Lead the Questions Read More »
By Dr. Ken Broda Bahm: Unlike many other moments in trial, the opening statement is often defined in terms of what it isn’t. It isn’t evidence, and it isn’t argument. So, what is it? It is a preview of what the evidence will be. That creates a conventional practice, reinforced in nearly all trial advocacy
In Opening, Dispense With “The Evidence Will Show” Read More »
By Dr. Ken Broda Bahm: Trials and litigation are unpleasant, right? For one party, it stems from a loss or injury that forces them into court as a last resort, and for the other party, it’s a quite-unwelcome need to defend oneself against an accusation. So what’s to enjoy? As a communication experience, it is
By Dr. Ken Broda Bahm: It was another big moment yesterday as Michael Cohen, President Trump’s former personal lawyer, testified publicly before the House Oversight Committee. Widely seen as an opening act prior to Special Counsel Robert Mueller’s report on Russian interference in the election, Cohen’s testimony focused on continuing business in Russia during the campaign,
Rehabilitate Your Lying Witness Read More »
By Dr. Ken Broda Bahm: Imagine that you receive a phone call and the voice on the line offers participation in a research project, and also offers pay. Then, the caller walks you through a series of questions to determine your eligibility, and it becomes clear what the “right” answer is. And let’s say you could
Beware of ‘Participation Deception’ in Your Surveys and Mock Trials Read More »
By Dr. Ken Broda Bahm: Whenever I am running a mock trial and playing the role of the judge, I read the instructions out loud to the mock jurors while they also read along using their own paper copies. I sometimes think that is overkill: If it were me, I think I would just listen
For Better Comprehension, Let Jurors Read Along During Instructions Read More »
By Dr. Ken Broda Bahm: Social scientists who study political orientation are realizing that it is something more than discrete attitudes about issues or candidates. Research shows that one’s identification as “liberal” or “conservative” also has to do with brain wiring. For example, some studies have found that conservatives tend to be more motivated by fear
Address Fearful Conservatives and Angry Liberals Read More »