By Dr. Ken Broda Bahm: In 1620, Francis Bacon wrote in Novum Organum, “The human understanding when it has once adopted an opinion…draws all things else to support and agree with it. And though there be an increasing number and weight of instances to be found on the other side, yet these it either neglects or […]
Reject Your Confirmation Bias (Or At Least Try To) Read More »
By Dr. Ken Broda Bahm: Social scientists who measure public opinion for a living tend to love forced choice questions. By asking respondents whether they “support” or “oppose” an increased military response in Syria and Iraq, for example, you avoid having too many go for the soft squishy middle of being “not sure.” Of course
Use Forced Choice in Oral Voir Dire Read More »
By Dr. Ken Broda Bahm: As the potential jurors file into the courtroom, religious signs are often evident: crosses, headscarves, yarmulkes, T-shirts, religious books. Even without those explicit advertisements, religious views can often be inferred based on demographics, demeanor, or the venue’s statistics. Those religious beliefs can become an overt issue in voir dire in
Don’t Equate Religiosity and Morality Read More »
By Dr. Ken Broda Bahm: The ability to remove a potential juror from your jury without giving a reason is precious…to trial attorneys and their consultants. To the extent the rest of the public is aware of peremptory strikes, however, they’re less likely to support them. At first blush, after all, the ability to prevent
Fight for Your Strikes Read More »
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 »