Determining Damages: The Psychology of Jury Awards (Law and by Edie Greene, Brian H. Bornstein PDF

By Edie Greene, Brian H. Bornstein

ISBN-10: 1557989745

ISBN-13: 9781557989741

Selecting Damages examines no matter if jurors may be able to determine damages in a good and predictable demeanour. Jury judgements approximately damages were deemed biased, capricious, unreliable, adverse to company defendants, excessively beneficiant, and uncontrolled. during this booklet, Greene and Bornstein offer an empirical research of the ways in which jurors and juries be sure harm awards. A topic that pervades the ebook is that during many respects, jurors charged with the advanced activity of compensating the injured and punishing the wrongdoers do a commendable task of it. whilst jury judgements diverge from what we think, the trouble of the decision-making context should be a minimum of as a lot in charge as any ethical or highbrow failings at the a part of person jurors. The authors speak about the criteria that effect damages evaluate, resembling the id of the plaintiff, defendant, and jurors themselves; the severity and nature of the harm; and the behavior of the litigants. additionally they learn the various reasoning techniques that jurors use to figure out what they think are only awards. The publication culminates with a dialogue that considers even if our jury approach might be reformed. may still harm awards be capped? What are the consequences of bifurcating trials? Or should still the position of the juror be eradicated thoroughly? The authors' designated research means that points of the current jury approach could give a contribution extra to unpredictable and unfounded judgements than do jurors' talents to be reasonable and moderate.

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Additional resources for Determining Damages: The Psychology of Jury Awards (Law and Public Policy: Psychology and the Social Sciences)

Example text

Before we pass over that point completely, though, we pause to consider the relatively rare but very large awards that do occur in some cases and that tend to run up the average. Saks (1992) asked a provocative question in a slightly different context, but we borrow its essence for the present purposes. ” Saks (1992) suggested a number of reasons that an increase in the size of damage awards might be completely justified. These include (a) changes in the substantive law of torts that increase the number of actionable injuries and that allow plaintiffs’ lawyers to be more selective about the cases they bring to trial; (b) changes in the cases themselves to reflect more serious injuries, more expensive medical costs, or the fact that medical treatment is now more effective, allowing people to survive accidents that earlier would have killed them; (c) a growing tendency to settle smaller, less serious cases; or (d) a practice ‘Recall, though, that plaintiffs are less likely tc> win in medical malpractice and products liability cases than they are in autornohile and other personal injury cases.

Some rnembers of the business community are only too happy to portray jurors as enigmatic and illogical, of course. According to Stephen Daniels and Joanne Martin (1997), the description of disarray in the civil justice system persists despite its lack of empirical verification because it serves a useful political purpose. The image persists because it allows various interest groups to get a place on the policy agenda for their preferred version of reform. According to Daniels and Martin, industry leaders have been more successful in gaining policy changes by appealing directly to the emotions of consumers and voters than by relying on reason and data.

Woven throughout this analysis-and indeed, throughout the rest of this book-are the threads of the descriptive, normative, and prescriptive formulations. CHARACTERIZJNG JURY DAMAGE AWARDS 43 3 WHO IS THE PLAINTIFF? In this chapter we focus on the role of plaintiffs’ characteristics in influencing damage awards. We begin with the good news: The severity of the plaintiff‘s injury is the most consistent and potent predictor of jury damage awards. As we detail in chapter 6, more seriously injured plaintiffs are more highly compensated (Bornstein, 1998; Bovbjerg, Sloan, & Blumstein, 1989; Taragin, Willet, Wilczek, Trout, & Carson, 1992).

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