By Dr. Ken Broda Bahm: It is a reliable maxim that your voir dire should target the experiences of your panel that bear most closely on your case, because that will be the source of the most relevant attitudes. That seems obvious, but I find that litigators often focus on a level that is more […]
By Dr. Ken Broda Bahm: If you are in court with a sitting jury, you can’t help but watch them for facial responses. Whether you are at the lectern, counsel table, the witness box, or the gallery, it is irresistible to observe the panel and it is inevitable to form conclusions about their attitudes toward what
Don’t Be Too Sure About Face Reading Your Jury Read More »
By Dr. Ken Broda Bahm: Sometimes you come across a document that challenges your view of basic human goodness. The stomach-churning Grand Jury Report relating to the Pennsylvania State football scandal is one such document. What stands out, based on the allegations, is just how many times former assistant coach Jerry Sandusky was caught. In locker rooms, workout
Define “Reasonable Person” As Your Jurors’ Idealized Version of Themselves Read More »
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 »