By Dr. Ken Broda-Bahm: It is a common step in the plaintiff’s voir dire: Ms. Smith, if you are selected for this jury, and if the evidence proves to you that the damages to my client justify a high figure, like ten million dollars, would you be able to award damages at that level? What … False Promises: Answer the Plaintiff’s Damages “Pre-Commitments” in Voir Dire Read More »
By Dr. Ken Broda-Bahm: Most of those who work in civil litigation are now familiar with the “anchoring effect,” and know that suggesting a number has an influence when it comes to damages. But attorneys may not know just how powerful that effect is. Research has repeatedly demonstrated that, independent of the evidence, asking for … Ground Your Noneconomic Damages Anchor Read More »
As an expert in this field, I have written extensively about the power and potential of trial graphics. It is reassuring to know that the New York Times also recognizes the capabilities of compelling graphics, even though their application may differ from the courtroom trial graphics setting. In a recent article, the New York Times shed light on the issue of deceptive information circulating on social media. I highly recommend reading their piece titled False Claims Around Israel Attacks Include Recycled Videos and a Game Clip. It serves as a stark reminder for all of us to be vigilant and
By Dr. Ken Broda-Bahm: I remember a recent mock trial where a jury reached the point of considering damages, and one juror threw out a number to start the discussion: “Let’s just say five million.” When another juror challenged the basis for that, “Why five million?” the first juror responded, “It’s just a nice round … Leverage the “Implied Precision Effect” on Damages Read More »
By Dr. Ken Broda-Bahm: It is an important debate, and one that is likely only going to be settled on a case-by-case basis: when addressing damages, does a civil defendant embrace the idea of a counter-anchor, take the small risk of appearing to give ground on liability, while still probably holding damages below what they … Defense Damages Counter-Anchor: Get Them to Calculate, Not Speculate Read More »
It has been argued that jurors often undervalue circumstantial evidence (fingerprints, DNA, etc.) and overvalue direct evidence (eyewitness identifications, confessions), even when the circumstantial evidence is more reliable than the direct evidence (Heller, 2006). A reluctance to impose liability on the basis of circumstantial evidence is referred to as the anti-inference bias. How much does the anti-inference bias affect verdicts in criminal cases? Zamir and colleagues (2017) conducted four experimental studies to test the scope of factfinders' aversion towards circumstantial evidence and found that... Teichman and colleagues (2023) examined the extent of the anti-inference bias in the decision-making of jurors,
By Dr. Ken Broda-Bahm: On the virtual pages of this blog, I’ve long been a proponent of the idea of treating audiences for legal persuasion as active, not passive. What I mean by that is that they’re not just receptacles for your arguments, they aren’t just absorbing the facts and the evidence, and at the … Aim Your Damages Defense at a Motivating Principle Read More »
Four plays and out. The year of hype; the coverage; the expectations – and with one play it’s over. Doesn’t matter if you’re a football fan, a Jets fan, or an Aaron Rodgers fan. That’s not the way it should have ended. But was it a possibility? Come on – you’d have to be crazy to not think that Rodgers could get injured, and you’d need a backup plan. Watching Eli and Peyton Manning on their Monday Night Football show, it was pretty obvious that they thought it was laughable that Zach Wilson was the backup plan – obvious because
It is not uncommon for jurors to express anger during deliberations. Does a juror's anger affect their influence on other jurors during deliberations? Are angry jurors either more or less persuasive than non-angry jurors? Salerno and Peter-Hagene (2015) investigated the differential effects of men and women's anger expression on social influence during mock jury deliberations. The researchers also compared anger expression to fear expression.....
By Dr. Ken Broda-Bahm: In Florida, Georgia, New York, and Washington DC, Donald Trump is facing the looming prospect of jury trials. While the word is overused these days, it is truly unprecedented for a once and maybe-future President to be facing federal and state charges. With trials for co-conspirators starting as early as next … The Trump Juries: Adapt Your Procedures for Higher Profile Jury Selections Read More »