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Author Anderson, Michelle Chernikoff

Title Goal conflict in juror assessments of compensatory and punitive damages / Michelle Chernikoff Anderson, Robert J. MacCoun
Published Santa Monica, CA : RAND, 1999


Location Call no. Vol. Availability
Description pages [313]-330 ; 28 cm
Series RAND reprints ; 830
Rand reprints ; 830
Summary Recent tort reform debates have been hindered by a lack of knowledge of how jurors assess damages. Two studies investigated whether jurors are able to appropriately compartmentalize compensatory and punitive damages. In Study I, mock jurors read a trial summary and were asked to assess compensatory and punitive damages in one of three conditions: (a) compensatory damages only, (b) punitive damages for the plaintiff, or (c) punitive damages for the state treasury. Results suggest that jurors who did not have the option to award punitive damages inflated compensatory damages via pain and suffering awards. Jurors were marginally more likely to award punitive damages when the plaintiff was the recipient. Mock jurors in Study 2 read a similar case summary and were asked to assess compensatory and punitive damages. Two factors were varied in Study 2: (a) egregiousness of the defendant's conduct, and (b) the recipient of any punitive damages (the plaintiff vs. a consortium of state funds). Jurors were more likely to award punitive damages when the defendant's conduct was more egregious and when the plaintiff was the recipient. The results suggest leakage between compensatory and punitive damage judgments, contrary to the law's mandate
Notes Originally published in: Law and Human Behavior, v. 23, no. 3, 1999
"This reprint reproduces research originally published by [Institute for Civil Justice] staff in a professional or scholarly journal"--Preliminary page
Bibliography Includes bibliographical references (pages 328-330)
Notes OCJ99 3009
Subject Verdicts -- United States.
Jury -- United States.
Liability (Law) -- United States.
Dispute resolution (Law)
Author MacCoun, Robert J.
Rand Corporation.
Institute for Civil Justice (U.S.)
OTHER TI Law and human behavior. Vol. 23, no. 3. 1999