By Dr. Ken Broda Bahm: In the context of voir dire, the tension between social science and court practice is becoming close to intolerable. On the court side, we continue under the assumptions that potential jurors are aware of their biases (despite mounting evidence of bias “blind spots” and unconscious bias), that potential jurors are […]
Press for Extended Voir Dire (and Don’t Trust Judicial Rehabilitation) Read More »
By Dr. Ken Broda Bahm: At the start of the case, a trial judge somberly addressed the jury, letting them know what adjustments were expected of them. The instructions told them they, “must as jurors, take all the decisions you have made, all the opinions you have about how people act, how people behave, what
Stop Asking Potential Jurors About What They Can ‘Set Aside’ Read More »
By Dr. Ken Broda Bahm: A courtroom process is supposed to be formal and solemn. The habits of delivering justice in person, through decorum and civic ritual, are designed to evoke a deference to the rule of law. When conducted remotely using a platform like Zoom, however, it doesn’t always work out that way. A
Don’t Let Your Virtual Voir Dire Become a Circus Read More »
By Dr. Ken Broda Bahm: In complex civil litigation, there’s a lot to manage: a huge wealth of people, events, documents and detail to encourage your fact finders to know and remember. All of them, or nearly all of them, will be important. But some need to stand out. If you’re able to really nail
Make Your Key Facts Stickier: Five Ways Read More »
By Dr. Ken Broda Bahm: The pandemic came upon us pretty quickly, and many of our essential social institutions, including the legal system, had to change just as quickly. The situation called for action, without a lot of time for reflection. Now, as we are swiftly reopening, that dynamic has changed: There is less of a
The Post-Pandemic Courtroom: Reflect on When Remote Court Still Makes Sense Read More »
By Dr. Ken Broda Bahm: As we enter Pride Month, it’s a good time to reflect on where we are. President Biden recently announced a renewed push for full legal equality for LGBTQ individuals, but that takes place against a background of continuing bias, including a new legal focus in many states on rolling back civil
Note the Progress and the Challenge in Courtroom Attitudes Toward Gay Litigants Read More »
By Dr. Ken Broda Bahm: Critics of the jury system, or simply those who are nervous about taking part, will sometimes characterize a jury’s result as a kind of crap shoot. The feeling is that they’re inconsistent, and subject to the idiosyncrasies of group influence. “A jury can do anything,” I’ve sometimes heard counsel tell
Trust the Norming Effect of Deliberations Read More »
By Dr. Ken Broda Bahm: Site visits can sometimes be a part of a criminal case — and predictably, jurors love them as much as school kids love field trips. It can also matter in civil cases, to see where the auto accident or the personal injury took place. But as helpful as these visits
Bring Your Jury to the Scene, Virtually Read More »
By Dr. Ken Broda Bahm: For more than a year, many of us have been presenting to audiences by Zoom or other web-conferencing platforms rather than presenting in person. Largely, the experience has lived up to the challenge, convincing many in the process that the online presentation is a viable alternative in handling the challenges
Presenters, Don’t Be Eclipsed By Your Screen Read More »
By Dr. Ken Broda Bahm: At this point, coronavirus precautions in America seem to be on the honor system. With the CDC’s new guidance last week indicating that fully vaccinated Americans could go without masking or distancing in most indoor and outdoor situations, we now face a conundrum when we see someone going about unprotected: