By Dr. Ken Broda-Bahm: I know, I know, there’s a very good chance that every election in your lifetime has been billed as the “most important election in your lifetime.” But when it comes to next week’s election, that hyperbole just might be justified — at least based on the way the country seems to
Trial Soon? Expect Some Jurors to Have Electoral Stress Read More »
By Dr. Ken Broda-Bahm: With fewer than 30 days to go until one of the most pivotal elections in our history, do you believe the polls? Many would say “No.” Even when our favored candidate is ahead, we all seem to believe that there is some built-in error in the surveys. People aren’t always willing
Expect Jurors to Censor Their Opinions Read More »
By Dr. Ken Broda-Bahm: It has become more commonplace to hear talk about a future of litigation without peremptory strikes. After all, Arizona in 2022 was the first state to eliminate strikes in all cases, and it may not be the last. California and Washington have moved to revised schemes for exercising strikes, relying not
Fight (Constitutionally) for Your Peremptory Strikes Read More »
By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury. Alas, I was just one of the many “gallery ghosts” watching as others were questioned,
Your Voir Dire Questions: Don’t Be Scared of Simple Read More »
By Dr. Ken Broda-Bahm: As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the unfairness of the venue, the charges, the judge, and the trial process as a
Don’t Rely on Luck in Picking Your Jury Read More »
By Dr. Ken Broda-Bahm: In just over a month, barring any unforeseen delays, New York prosecutors and attorneys for criminal defendant Donald J. Trump will be picking a jury in what’s become known as the “hush money” case. The March 25th trial focuses on the payments the defendant made to former porn star Stormy Daniels
Improve Voir Dire: A Trump-Jury Example Script Read More »
By Dr. Ken Broda-Bahm: In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential jurors’ ability to be fair in following the law and the
Fish for a Good Cause Challenge Read More »
By Dr. Ken Broda-Bahm: At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely equal, like these two reams of paper, then we haven’t met
Call Out Minimized Burdens Read More »
By Dr. Ken Broda-Bahm: The court’s purpose in voir dire is to use the time to identify and eliminate those jurors who would have the hardest time giving the case a fair hearing. But layered onto that purpose is the advocate’s goal of working toward a jury that is most likely to be favorable to
Voir Dire: Before You Ask”Can You Be Fair?” Know What You Want the Answer to Be Read More »
By Dr. Ken Broda-Bahm: It is a common step in the plaintiff’s voir dire: Ms. Smith, if you are selected for this jury, and if the evidence proves to you that the damages to my client justify a high figure, like ten million dollars, would you be able to award damages at that level? What
False Promises: Answer the Plaintiff’s Damages “Pre-Commitments” in Voir Dire Read More »