Don’t Look for AI to Pick Your Jury…Yet

June 26th, 2023|

By Dr. Ken Broda-Bahm: I don’t know if anything has ever in such a short time moved from being a pretty esoteric science topic to being a concern on everyone’s lips… but ChatGPT could probably tell me. With literally billions of uses per month, the artificial intelligence-driven chatbot has captured our attention and created a mix of excitement and dread. It has become a cliche to talk about how dramatic the shift will be as the technology moves toward displacing tasks like writing and customer service. It is also a cliche to talk about how the “jury is still out” on

Are criminal defense computer animations more persuasive to jurors than still photographs? | Online Jury Research Update

June 22nd, 2023|

Computer-generated animations, which recreate or illustrate an alleged sequence of events, are increasingly being used by lawyers to accompany witness testimony. Visual aids such as computer-generated animations are designed not only to depict events, but also to influence jurors' beliefs about those events. Rempel and Burke (2022) examined the effect of visual aids on juror beliefs about a criminal defendant's testimony in a second-degree murder case that was based on a real civil case in Los Angeles County...

Just in Time Jury Consulting

June 22nd, 2023|

A series of recent experiences pertaining to a case on which we were ramping up made me consider the timeline of jury consulting. In the world of business, and especially manufacturing, there is a concept of just in time production. With just in time production, the raw materials for a “thing” arrive at the production facility only when they are needed. Things, often generically called “widgets,” are then assembled with the ingredients which have arrived on time. In the last several years, throughout the economic changes brought on by the COVID-19 pandemic, there has been much discussion about supply chain

Treat Big Talkers as Jury Leaders

June 22nd, 2023|

By Dr. Ken Broda-Bahm: It is a jury’s first task: Pick a foreperson, someone who will lead the discussion, help the group walk through the evidence, and work their way to a decision. Who gets picked? The person who is experienced at being a juror? The person who holds a leadership role in their work life? The person who is the most knowledgeable or intelligent? The answer from the research is that it is none of those. What best predicts the emergence of leaders in a small group is talkativeness. In other words, the person who speaks the most, regardless

Build Trust in Justice

June 19th, 2023|

By Dr. Ken Broda-Bahm: It’s been a season of some firsts: An ex-President, and the leading candidate for a major party nomination, has been criminally indicted (twice so far), and found civilly liable for defamation (once and counting). Rather than mounting a substantive defense, the candidate and ex-official has used the remaining ‘bully pulpit’ to repeatedly attack both the civil and criminal justice systems as well as those who work within them. To many of us, these daily attacks might seem so exaggerated and so self-serving that they can’t possibly be gaining traction. But they are. After bringing a majority of his

Team Players and Other People

June 13th, 2023|

The concept of team work receives considerable attention in many types of situations, from the workplace, to education, to sports. At Magnus, David and I wholeheartedly endorse team work among our employees and including ourselves. Although, in sports terms, I am the “team captain” at Magnus, I cannot perform my job absent help from other team members. This being said, I am always happy to help others when my schedule permits. Does the trash need to be emptied and taken to the outside bin? Do we have case documents that need to be shredded? Does the floor need to be

Fight False Equivalence (and Other ‘Low Effort’ Arguments)

June 12th, 2023|

By Dr. Ken Broda-Bahm: Trump’s second indictment is now unsealed, this one framing 37 federal felony counts for willfully retaining classified records at his private residence, and for trying to obstruct the efforts of the FBI and others in trying to recover these documents. Predictably, the response from the former President’s supporters has been to focus on what they say are the comparable actions of others. For example, you may have heard about 1,850 boxes of documents that President Biden supposedly has illegally kept in a Chinatown location. Except he doesn’t. The claim stems from Biden’s records from his time

Litigation-Tech and Abraham Lincoln Share Common Interests

June 8th, 2023|

 Image credit: Al HolguinLitigation-Tech has been around for many years, helping attorneys navigate their way onto the technology highway in the courtroom. We have a lot of stories to tell, but here's some insight from one of our very first clients.Abraham Lincoln was a master of using language to persuade and inform. He was also a skilled storyteller, and he knew how to use visuals to illustrate his points. If he were alive today, he would likely be a big fan of courtroom technology and visuals. There are many ways that courtroom technology can be used to enhance the presentation

For Now, Treat AI as “a Good and Confident Liar”

June 8th, 2023|

By Dr. Ken Broda-Bahm: Right now, we are in a liminal moment with technology. No, I’m not talking about the new Apple goggles, necessarily, but about seemingly sudden emergence of engines like ChatGPT, which have opened a lot of possibilities on where it is likely to go. The proverbial jury is out about how and when generative artificial intelligence will be changing our lives. Many seem to prosthelytize a bright future with many human tasks being eased, while many others are issuing dire warnings about reduced human creativity and a slipping grip on reality. Amid the intellectual turmoil, one truly

Paid Versus Free Opinions

June 6th, 2023|

To follow up on my previous post about people asking for my opinions, I have noticed an interesting phenomenon. Although it is far from universal, I have observed that people, such as friends and family, who ask for my opinion with no intention of paying me for my time or expertise, often devalue or discount what I have to say. Some of them even go as far as arguing with me when my opinions, based on scientific research, do not comport with their everyday, commonsense, notions. In contrast, most (but certainly not all) of my clients, who pay me for