By Dr. Ken Broda Bahm: In voir dire, the whole point is to find out information about the potential juror. When you’re seeking out experiences or attitudes that you might use to warrant a strike or to mount a challenge for cause, you care about what that individual thinks, not about what anyone outside the courtroom […]
By Dr. Ken Broda Bahm: The racial composition is probably one of the first things we notice when venire members file in before jury selection. When recruiting for a mock trial, we will try to match the composition of the venue. Along with other demographics, race is not nearly as predictive as some might think. As a
By Dr. Ken Broda Bahm: In voir dire, sometimes you want to choose a strategic and indirect way of asking, and sometimes you just want to come straight out and ask the question directly. In an interesting illustration of the difference between the two, Jeremy Dean’s Psyblog recently shared the story of what must have been a
When You Want to Know, Ask Directly…Sometimes Read More »
By Dr. Ken Broda Bahm: During voir dire, the traditional questions designed to expose bias tend to focus on the existence or nonexistence of a biasing attitude or experience. Have you formed any beliefs about the defendant’s guilt or innocence? Do you believe drug companies are more concerned with profits rather than people? In truth, these
To Elicit Bias, Ask About Leaning Read More »
By Dr. Ken Broda Bahm: In New Jersey, a Plaintiff recently brought an auto personal injury case to trial. It was one of those scenarios where the damage to the occupants was greater than the damage to the vehicle, so the attorney trying the case properly wanted to know if any prospective jurors on the
Ask Open-Ended Questions to Select Your Jury Read More »
By Dr. Ken Broda Bahm: Have you ever had the same advertisement chase you around the internet? So you looked at that new suitcase once, and now it is popping up on every page you view. That effect is one part of our current world, where marketers and other persuaders seem to know more and more
Consider the Small Chance that “Big Data” Might Pick Your Jury Read More »
By Dr. Ken Broda Bahm: The peremptory challenge right now shares one problem with the two leading presidential contenders: high negatives. In the recent Foster v. Chatman case, the United States Supreme Court overturned a murder conviction due to the prosecutor’s use of peremptory strikes to eliminate African-Americans from the jury based on seemingly flimsy excuses such
Don’t Expect Cause Challenges to Do the Work of Peremptories Read More »
By Dr. Ken Broda Bahm: In a recent jury selection, the attorneys, clients, and I were huddled over the seating grid for the panel, talking about our strikes. “I like Jones,” the client said, “with her background, she is really going to identify with our witnesses.” Those kinds of feelings are very common during this
Beware of “Frenemies” on Your Jury Read More »
By Dr. Ken Broda Bahm: I have a confession to make: I cannot resist joining political arguments on social media. I know, I know, no one ever changes their minds and nearly all discussions end in stalemate. But for a student of psychology, argumentation, and persuasion, they can be pretty illuminating nonetheless. And the biggest takeaway
Ask About News Sources in Voir Dire Read More »
By Dr. Ken Broda Bahm: One of the core narratives of our nation is that we are a melting pot, e pluribus unum and all. Today, however, we see our modern reality as more of a “mosaic” or “quilt” owing to the notion that the pieces don’t “melt,” but retain their uniqueness. The result is diversity, and a diversity in
Don’t Expect Reliable Juror Differences Based on National Origin Read More »