By Dr. Ken Broda Bahm: At a time of heightened attention toward the disproportionate impact of law enforcement on African-American communities, it matters that prosecutors in many of the same communities appear to be actively limiting the participation of African-Americans on juries. In an illuminating new article, the New York Times reports on a study of strikes […]
Select Your Jury on Race-Neutral Criteria Read More »
By Dr. Shelley Spiecker: ‘Precious resource’ in the energy industry typically refers to a saleable commodity like a coal seam or shale play. Yet when an energy company finds itself in the courtroom, it is not coal nor shale, but industry-friendly jurors that are a ‘precious resource’. I recently spoke at the Rocky Mountain Mineral
Protect Your Precious Resource — Energy Industry-Friendly Jurors Read More »
By Dr. Ken Broda Bahm: A jury’s job is to judge the facts in a dispute in as neutral a fashion as possible. We expect them to give a party a fair hearing whether the party is just like them or completely dissimilar. The elderly conservative should be able to evaluate the dreadlocked artist as
Look for Increasing Tolerance (but Not Necessarily Greater Empathy) Read More »
By Dr. Ken Broda Bahm: Ever had the experience of asking someone to ask someone else something on your behalf? It’s like a sixth-grader’s attempt to find out if someone likes you. Sometimes you need a little plausible deniability but, in most cases now, it’s easier and more direct to just ask on your own.
Let the Lawyers Ask: Five Reasons for Attorney-Conducted Voir Dire Read More »
By Dr. Ken Broda Bahm: It’s always nice to announce a birth, to welcome something new into the world. In this case, weighing in at 15 letters and 6 syllables, it’s a new word: “prehabilitation!” And it’s a pretty useful word for those wanting to understand, teach, and most importantly, fix oral voir dire. The
Don’t Prehabilitate Read More »
By Dr. Ken Broda Bahm: Every juror with a strong and relevant belief or experience is asked it in oral voir dire: “Would you be able to set that aside and base your decision on just the facts?” Attorneys conducting oral voir dire would do well to ask themselves the same question: “Are you able to
Lawyers, Set Aside Your Own Bias in Voir Dire Read More »
By Dr. Ken Broda Bahm: Imagine this future scenario. Those called for jury duty arrive at the courthouse. First comes security, with purses and wallets scanned on the belt while the citizens step through the metal detector. Then comes the “Neuro-Voir Dire” as candidate jurors step into a functional Magnetic Resonance Imaging (fMRI) machine so
By Dr. Ken Broda Bahm: Give me the bite-sized version, break it down into pieces, and tell it to me step-by-step. The brain loves to segment, and the process known as “chunking” seems to be a central part of how we recognize patterns, manage information, and form new insights. A recent perspective on the process
Chunk Your Trial Message Read More »
By Dr. Ken Broda Bahm: As more and more Americans are moving their lives onto social media, the legal world is adapting. Specifically, litigators are coming to realize what a world of information this opens up for voir dire, and to acknowledge as well the responsibilities it creates. The Bar of New York City, for
Cover Your Tracks (When Sneaking a Peek at Your Jurors’ Social Media) Read More »
By Dr. Ken Broda Bahm: Whether we’re reading the news, shopping, or participating in social media, we are swimming in “likes” these days. Electronic journalism, online retail, and sharing sites like LinkedIn or Facebook all give users an unprecedented ability to participate, broadcasting their preferences with a click of a button or a comment. But
Beware the Herding Instinct in Opinion Formation Read More »