By Dr. Ken Broda Bahm: When someone causes you some kind of harm, say they step on your foot, they’ll say “I’m sorry.” When you’ve experienced some kind of misfortune or loss, like a death in the family, people will again say, “I’m sorry.” In that latter example, they aren’t (we presume) admitting that they […]
Show You’re Sorry, Even When You’re Not at Fault Read More »
By Dr. Ken Broda Bahm: “It was hard thinking that someone lost their life,” Juror B37 said through tears, “and there’s nothing else could be done about it. I mean, it’s what happened. It’s sad. It’s a tragedy this happened, but it happened.”
Go for “Mad” Not “Sad” When You’ve Got the Burden: Listening to Juror B37 Read More »
By Dr. Ken Broda Bahm: In the ongoing trial of George Zimmerman, the surprises were in evidence from the very first moments of opening statements. Prosecutor John Guy raised some eyebrows by, quoting the dispatch conversation, dropping the F-bomb as the third word in his opening statement (the first two words were “Good Morning”). But
Rely on Humor, But Not on Jokes Read More »
By Dr. Ken Broda Bahm: We would like to think that our important moral judgments are made slowly, with care and deliberation — a kind of internal mental version of Plato talking with his students on the hills of Athens well into the day. But according to more modern research, it isn’t. Instead, it is
Adapt to Hair Trigger Moral Judgment Read More »
By Dr. Ken Broda Bahm: Legal persuaders know how to make an argument and how to sell a point. But what do you do when the other side gets there first? That is, what is the right response if, by the time you have the chance to offer your reasons, they’ve already mentioned the point,
Find Your Antidote to Inoculation Read More »
By Dr. Ken Broda Bahm: The dramatic capture of Boston bombing suspect Dzhokhar Tsarnaev last Friday immediately ignited a debate on whether the suspect should enjoy the protections of the Constitution. Republican Senators John McCain, Lindsey Graham, and Kelly Ayotte, along with Congressman Peter King, issued a joint statement applauding the initial decision not to Mirandize
Show Some Faith in the Jury System Read More »
By Dr. Ken Broda Bahm: No shortage of discussion lately on gun control, with several states and the federal government considering limits on magazine size, which put a cap on how many bullets can be fired without reloading or changing the clip. But these are actually not the bullets I’m writing about today. Instead, my
Ban the Bullet (From Your Slides) Read More »
By Dr. Ken Broda Bahm: In this country, and particularly in some venues, our jury pools are becoming more diverse and more obviously multicultural (Marder, 2013). While the judiciary has been slower to reflect the face of a changing America (Ifill, 2009), it too is likely to include over time a greater proportion of those
Appeal to Both the Holistic and the Analytic Read More »
By Dr. Ken Broda Bahm: As much as we celebrate thought and cognition, we still tend to experience the world in a tactile fashion, through our bodies. And as much as we celebrate innovation and originality, we still tend to understand the new in terms of what is already familiar. Putting the two together, a
Use Metaphors to Touch Your Fact Finders Read More »
By Dr. Ken Broda Bahm: So, you’re conducting a mock trial and eyeballing the participants as they check in. Gradually, it strikes you: Some seem to know the drill a little too well. Later in the day during deliberations and interviews, it is all the more clear: Some have the wide-eyed and uncertain look of
Don’t Ride with ‘Frequent Flyers’ in Your Mock Trial Research Read More »