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Determining Damages: The Psychology of Jury Awards

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More About This Textbook

Overview

Determining Damages: The Psychology of Jury Awards examines whether jurors are able to assess damages in a fair and predictable manner. Jury decisions about damages have been deemed biased, capricious, unreliable, hostile to corporate defendants, excessively generous, and out of control. In this book, Edie Greene and Brian H. Bornstein provide an empirical analysis of the ways that juries determine damage awards. They show that, in many respects, jurors charged with the complex task of compensating the injured and punishing the wrongdoers do a commendable job of it. When jury decisions diverge from what we expect, the difficulty of the decision-making context may be as much to blame as any moral or intellectual failings on the part of individual jurors.
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Product Details

  • ISBN-13: 9781557989741
  • Publisher: American Psychological Association
  • Publication date: 1/28/2003
  • Series: Law and Public Policy Series
  • Edition description: New Edition
  • Pages: 238
  • Product dimensions: 7.30 (w) x 10.20 (h) x 1.20 (d)

Table of Contents

Preface
Acknowledgments
Ch. 1 Introduction 3
Ch. 2 Characterizing Jury Damage Awards 29
I The Issue of Identity: How Plaintiff, Defendant, and Juror Characteristics Influence Damage Award Decisions 47
Ch. 3 Who Is the Plaintiff? 51
Ch. 4 Who Is the Defendant? 63
Ch. 5 Who Are the Jurors? 79
II The Evidence: How Injury Severity and Litigants' Conduct Influence Damage Award Decisions 97
Ch. 6 Severity and Nature of the Injury 101
Ch. 7 The Litigants' Conduct 127
III Decision Processes and Reforms: How Jurors Reason About Damages and How Damage Award Decisions Might Be Improved 147
Ch. 8 How Jurors Reason About Damages 149
Ch. 9 Reforming Damage Award Decision Making 175
Ch. 10 Final Remarks and Recommendations 199
References 207
Table of Authorities 227
Index 229
About the Authors 237
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