By Edie Greene, Brian H. Bornstein
Picking Damages examines no matter if jurors may be able to check damages in a good and predictable demeanour. Jury judgements approximately damages were deemed biased, capricious, unreliable, adversarial to company defendants, excessively beneficiant, and uncontrolled. during this publication, Greene and Bornstein offer an empirical research of the ways in which jurors and juries make sure harm awards. A subject matter that pervades the e-book is that during many respects, jurors charged with the advanced job of compensating the injured and punishing the wrongdoers do a commendable task of it. while jury judgements diverge from what we predict, the trouble of the decision-making context could be a minimum of as a lot responsible as any ethical or highbrow failings at the a part of person jurors. The authors talk about the standards that impression damages evaluate, similar to the identification of the plaintiff, defendant, and jurors themselves; the severity and nature of the harm; and the behavior of the litigants. in addition they learn different reasoning strategies that jurors use to figure out what they suspect are only awards. The booklet culminates with a dialogue that considers even if our jury method may be reformed. may still harm awards be capped? What are the results of bifurcating trials? Or should still the function of the juror be eradicated thoroughly? The authors' specified research means that facets of the current jury process may possibly give a contribution extra to unpredictable and unfounded judgements than do jurors' talents to be reasonable and moderate.
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Extra info for Determining Damages: The Psychology of Jury Awards (Law and Public Policy: Psychology and the Social Sciences)
Vidmar’s ( 1995) comprehensive study of medical malpractice cases provides insight into the particular circumstances of injured plaintiffs that compel them to pursue their claims in jury trials.
A n Alabama battery distributor caught selling previously owned goods was ordered to pay $86,000 in compensatory damages and $10 million in punishment to an aggrieved consumer. 5 million before deciding on $10 million. “Quite honestly,” a juror said later, ‘‘I think it had to do with sounding like a round figure,” the Legal Times reported. Apparently, the jury settled on “million” because it couldn’t spell “kajillion” or “gazillion,” which is what GM might have paid if it had financed Hardy’s vehicle and overcharged him by mistake.
To what extent this trend is characteristic of other awards decided by juries is a point to which we will return. In terms of variability, damage awards have sometimes been likened to a lottery: “Damage verdicts are damaging when they are as random as lottery numbers. That quality, more than any other, brings the system into disrepute” (Satter, 1990, p. 135). The focus here is primarily on awards for noneconomic and punitive damages, because they both seem so subjective. In fact, although the magnitude of awards correlates positively with the severity of the injuries (termed vertical equity by Michael Saks and his colleagues), within categories of severity there is still significant variance in awards (so-called horizontal inequity; Saks, Hollinger, Wissler, Evans, & Hart, 1997).
Determining Damages: The Psychology of Jury Awards (Law and Public Policy: Psychology and the Social Sciences) by Edie Greene, Brian H. Bornstein