By Dr. Ken Broda Bahm: In the ongoing jury selection in the trial of George Zimmerman, the Sanford Florida neighborhood watchman charged in the shooting of Trayvon Martin, one potential juror recently experienced a particularly rough exit from the trial. After reporting in voir dire that he had little knowledge of the case, he was […]
Know a Stealth Juror When You See One Read More »
By Dr. Ken Broda Bahm: In a scene from that great movie of the ’80s, Ferris Beuller’s Day Off, the economics teacher, played inimitably by Ben Stein, tries to engage a class of profoundly bored and unresponsive high school students: In 1930, the Republican-controlled House of Representatives, in an effort to alleviate the effects of
Ban the Word “Anyone” From Your Oral Voir Dire Read More »
By Dr. Ken Broda Bahm: Think of the situations where self-diagnosis wouldn’t work very well: A police officer asking, “Do you think you were speeding?” or a doctor inquiring, “Do you believe your cancer is in remission?” Yet we still rely on self-diagnosis when trying to discover and eliminate bias in civil and criminal cases
Never Rely on Self-Diagnosis of Bias Read More »
By Dr. Ken Broda Bahm: To supplement the written descriptions in the previous two entries, this post features a video demonstration designed to illustrate the approach to attorney-conducted oral voir dire that I’ve been writing about. Using a number of volunteers from my firm, I created this clip in order to show and discuss the
Practice the Pivot in Oral Voir Dire (Part Three): The Demonstration Read More »
By Dr. Ken Broda Bahm: If, by the end of oral voir dire, you’ve broken the ice, earned some credibility and rapport, learned the basis for at least a handful of cause challenges and strikes, and spent the balance of your time eliciting themes from jurors that help your case, then you’ve done your job.
Practice the Pivot in Oral Voir Dire (Part Two): Good Habits and Tricky Situations Read More »
By Dr. Ken Broda Bahm: When voir dire goes well, it creates a balance between the goals of spotting the high-risk jurors and safely drawing themes from the more favorable jurors. At the same time, the questioning process should build rapport and feel natural to both the attorney and the panelists. When voir dire goes
Practice the Pivot in Oral Voir Dire (Part One): The Basic Model Read More »
By Dr. Ken Broda Bahm: The fact that we ourselves are bracketed in time makes us want to see that span – a generation – as terribly important to who we are. Projecting that onto others as well, we tend to see people as products of their generation. That is the frame of mind that
Don’t Hate on Younger Jurors Read More »
By Dr. Ken Broda Bahm: Who leads and who follows? That question can be critical to understanding and adapting to your jury. The individual who sets the agenda, guides the discussion, and leads uncommitted or wavering jurors to a conclusion is obviously worth a closer look than those who take their cues from others. A
Spot Your Jury Leader Read More »
By Dr. Ken Broda Bahm: It is Halloween time again, and everyone who is a kid or young enough to party like a kid, is preparing their temporary identity for the night: a pirate, a witch, a vampire. This year, apparently, the trending looks are less traditional, including “Angry Birds” and costumes for this year’s angriest
Appeal to Your Juror’s “Temporary Identity” Read More »
By Dr. Ken Broda Bahm: Think beyond the stereotypes. That is what you’re used to hearing (and I’m used to saying) about jury selection. But that same need to subvert the stereotypes applies not just to picking panelists, but to persuading as an attorney or an expert witness as well. In each of these situations,
Subvert Stereotypes: Free the Attorney, the Expert, and the Juror Read More »