By Dr. Ken Broda Bahm: Here is some practical advice for capital defense jury selection that carries important implications for civil cases as well. It is well established that the process of “death qualifying” a capital jury, by weeding out those have a moral or other objection to the death penalty, ends up biasing the panel […]
“Life Qualify” Your Capital Jury (And Balance Out Your Civil Panel Too) Read More »
By Dr. Ken Broda Bahm: I’ve sometimes noticed during jury selection, that attorneys are prone to like the likable. They want to believe that the panelist who appears to be well-connected, sociable, and friendly is more likely to be kind and empathetic toward their case and their client. This preference might be understandable, though it overlooks the possibility that the sociable
Don’t Mistake Sociability for Empathy Read More »
By Dr. Ken Broda Bahm: Here is a question of trust. You’re curious about a party, a witness, or a potential juror, so you log in to Facebook or some other social networking site to check them out. It might feel a little creepy to be peeking in on the public representations of your target’s private life, though
Parties, Witnesses and Jurors: Don’t Be Afraid to Meet Them Face to Face(book) Read More »
By Dr. Ken Broda Bahm – Crowds can be scary things. At a debate this past Monday (September 9th), Republican Presidential candidate, Ron Paul, was asked if his stance against government mandated health insurance would dictate denying care to a hypothetical man who found himself in a coma without the benefit of catastrophic health insurance. “Are you
Protect Your Jury From the Poison of the Crowd Read More »
By Dr. Ken Broda Bahm – With Standard & Poor’s recent decision to deny the U.S. a AAA credit rating, many Americans are feeling a little downgraded about now. For most of us, I can hope, that is a temporary feeling. But for others, especially in these economic times, it is a more constant aspect of their lives. These Americans,
Beware of Jurors Who Feel Downgraded Read More »
By Dr. Ken Broda Bahm – “The men totally dominated the discussion the last time,” said JoAnn Chiakulas, the hold-out juror in Rod Blagojevich’s first corruption trial, “and a lot of the women were not treated very nicely.” The former governor’s newer jury consisted of eleven women and one man you might expect a change in that department. But this second jury deliberated
That’s Right, The Women Are Smarter: Pay Attention to Your Jury’s Social Intelligence Read More »
By: Dr. Ken Broda Bahm – We are often asked, “What kind of jurors do we want for our case?” and sometimes that question can veer toward demographics: “Do we want women or men?” In personal injury litigation, for example, the lawyers trying the case might suspect that women will show more compassion and sympathy toward an injured party,
Don’t Count on Gender Differences When it Comes to Compassion Read More »
By: Dr. Ken Broda Bahm – Last week, in part one of this post, I wrote about the increasing tendency for jurors to express irritation and insecurity at the prospect of serving out their jury duty, a greater proportion of hardship claims, and some recent research showing that the resulting changes in the jury pool could lead to
By: Dr. Ken Broda Bahm – The situation has been noted with a surprising frequency: Instead of filing in quietly to fulfill their civic duty, prospective jurors in voir dire have expressed a deep frustration over the litigation process and a deep concern over serving. Most recently, an article in the National Law Journal noted this
By: Dr. Ken Broda Bahm – This post is focused on bulking-up your ability to target high-risk jurors and performance enhancing your voir dire. So speaking of steroids, let’s start with Barry Bonds. Jury selection for the perjury trial of the former San Francisco Giants power-hitter, charged with lying to a grand jury over steroid use, starts