Abstract

http://ssrn.com/abstract=1724814
 
 

Citations



 


 



Reducing Variability in Civil Jury Awards


Roselle Wissler


Arizona State University (ASU) - Sandra Day O'Connor College of Law

Michael J. Saks


Arizona State University (ASU) - Sandra Day O'Connor College of Law

Allen J. Hart


Amherst College

David C. Evans


affiliation not provided to SSRN

1997

Law & Human Behavior, Vol. 21, No. 243, 1997

Abstract:     
The purpose of the present empirical study was to test several procedures that could be adopted for reducing unwanted variability in civil damage awards. Four methods for providing guidance to jurors (and judges) about the distribution of awards in comparable cases were compared to each other, to a no-guidance control, and to the capping of awards at a specified maximum, which has been the most commonly legislated "solution." The guidance conditions involved providing mock jurors with one of four different types of information on awards for similar injuries in similar cases: the average award, the award values within which 80% of awards fell, both the average award and the award range, and four example awards. The findings of this study suggest several alternative solutions that are better able than caps to solve the problem of unwanted variability in awards.

Keywords: juror decision-making, jury instructions, damages

Accepted Paper Series


Not Available For Download

Date posted: December 14, 2010  

Suggested Citation

Wissler, Roselle and Saks, Michael J. and Hart, Allen J. and Evans, David C., Reducing Variability in Civil Jury Awards (1997). Law & Human Behavior, Vol. 21, No. 243, 1997. Available at SSRN: http://ssrn.com/abstract=1724814

Contact Information

Roselle Wissler (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Michael J. Saks
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Allen J. Hart
Amherst College ( email )
Amherst, MA 01002
United States
David C. Evans
affiliation not provided to SSRN ( email )
Feedback to SSRN


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