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By Dr. Ken Broda Bahm: When it comes to witness testimony, “rehearsal” is a dirty word. The term connotes that the witness is learning testimony by rote and has been spoon-fed by their attorneys. Liars rehearse their stories, the perception goes, while honest witnesses simply tell the truth. 

By Dr. Ken Broda Bahm: According to the weather forecast, a pretty sizeable storm is headed to Denver. When this blog post goes to press, downtown Denver could be heading toward two feet of snow…or perhaps three inches, or nothing. Weather forecasts have a range of uncertainty. They’ve gotten better, and are no longer the

By Dr. Ken Broda Bahm: While we like to frame it in terms of “justice,” the trial system is based to a large degree on punishment. On the criminal side, that focus is obvious as jurors decide whether the accused deserves a penalty, and if so, what level of penalty is most appropriate. But from

By Dr. Ken Broda Bahm: Some observers didn’t think it possible, but here we are: Currently sitting pretty at the top of the polls for the GOP Presidential Nomination for 2016 is…Donald Trump. The businessman, real estate magnate, reality show M.C., and general “Tell it like I see it” personality is currently polling at close

By Dr. Ken Broda Bahm: As of this post’s press time, the National Registry of Exonerations shows the number 1,625. Those are the documented ones, at least, marking the number of people convicted of serious crimes who have been later shown to be not guilty. As our understanding of the prevalence of wrongful convictions grows, scholars and

By Dr. Ken Broda Bahm: Think about your face. There are 43 muscles there, and even now as you’re reading this post, some are tensed and some are at rest. The resulting combination is what we call “expression.” That unique configuration of facial muscles is used as a basis for some very quick judgments —

By Dr. Ken Broda Bahm: By the time they get to opening statements or closing arguments in trial, most lawyers have been living with the case facts and story so long that talking about it really isn’t the problem. What is the problem, though, is sticking to a plan, hitting the time limit, and not

By Dr. Ken Broda Bahm: Sometimes gut feelings are at odds with the research. For example, some attorneys and judges have a gut feeling that allowing jurors to submit questions to witnesses will take an inordinate amount of time, introduce irrelevant issues, or turn jurors from neutrals into advocates. Those fears, either tacit or overt,

By Dr. Ken Broda Bahm: For those of us in the social sciences, data is our currency. And of course, we would prefer that our window into attitudes and trends gives us an unbiased view. The reality, though, is that the “how you collected it” matters as much as the “what you collected.” A simple

By Dr. Ken Broda Bahm: As the Beatles sang, “I am he, as you are he, as you are me, and we are all together” (I Am the Walrus).  Okay, so it wasn’t their most coherent musical statement. But it does illustrate a critically important strategy in persuasion, particularly the “we are all together” part.