You Can't Believe Everything You See — in Trial Graphics or From Hamas
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
Leverage the “Implied Precision Effect” on Damages
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 »
Defense Damages Counter-Anchor: Get Them to Calculate, Not Speculate
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 »
Is conviction less likely when evidence is circumstantial? | Online Jury Research Update
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,
Aim Your Damages Defense at a Motivating Principle
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 »
What’s Your Backup Plan?
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