By Dr. Ken Broda Bahm: When jury trials start up again, one way or another, it is going to be a strange and potentially uncomfortable experience for the jurors. If reporting in person, they will be dealing with distancing, masks, temperature checks, hand washing and a risk of infection. Alternatively, if they are logging in […]
Voir Dire on Willingness to Serve Read More »
By Dr. Ken Broda Bahm: Okay, my title is purposefully provocative, but it is not an exaggeration. Based on a recently released, first-of-its-kind, comprehensive study on the effectiveness of voir dire following common practices in civil trials (Campbell et al., 2020), the verdict is that voir dire is often of no value when it comes
Treat Truncated Voir Dire as Useless Read More »
By Dr. Ken Broda Bahm: When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a focus of a recent post in this blog. As part of that pushback, we have seen some
Ask the Court to Help You Look for Stealth Jurors Read More »
By Dr. Ken Broda Bahm: Roger Stone has now been sentenced, following conviction on seven counts of obstruction, false statements, and witness tampering. But for the political fixer and his legal team, the fight isn’t over. In a recent motion, they argue for a new trial, claiming that the jury’s foreperson showed bias in being
Let He Who Is Without Bias Cast the First Stone Read More »
By Dr. Ken Broda Bahm: Sometimes as a defendant, you find yourself in the position where you need to admit to at least some part of the plaintiff’s liability claim. The plaintiff really was injured, and there really was a step that was skipped on your end. While you still might have other claims, causation,
Voir Dire on Admitted Liability Read More »
By Dr. Ken Broda Bahm: Harvey Weinstein goes to trial this week. Out of approximately eighty women accusing the former Hollywood mogul of sexual misconduct over the past few decades, two assault cases will be heard by a jury this week in Manhattan. Jury selection for the case (set to take place on Tuesday) is
De-Stealth Your Potential Juror Read More »
By Dr. Ken Broda Bahm: The trial consulting field seems to fly mostly under the radar. As a part of the attorney’s confidential work product, our role in conducting research, preparing witnesses, and helping to advise on jury selection is not generally in the public’s view. But with some regularity, the topic comes up, with
See Trial Consulting as a Proper Part of the Adversarial System Read More »
By Dr. Ken Broda Bahm: Here’s the situation. A large number of strangers are gathered in a formal courtroom — a hushed atmosphere, dark-wood paneling, flags for the state and the U.S., a raised bench with a stern-looking judge. Nothing about that situation says, “Get ready to candidly share your personal beliefs and attitudes!” In
In Voir Dire, Create a Context for Candor Read More »
By Dr. Ken Broda Bahm: Thanks to Batson and associated cases, we now have an uneasy working rule on voir dire in U.S. courtrooms: In exercising peremptory strikes, you can pick and choose on any basis…other than discriminatory ones. Basing strikes on race, ethnicity, gender, nationality and some other demographic categories is not allowed. That prohibition, however, is widely considered
Think Carefully About Disparate Impact in Voir Dire Read More »
By Dr. Ken Broda Bahm: A newly-published study about the effects of voir dire in capital cases suggests that social scientists and the courts may need to reconsider a long-held tenet. For at least the past 35 years, the belief has been that jurors exposed to the process of jury selection in capital cases, known as
Voir Dire: Account for Both Presumptions and Expectations Read More »