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Instructing Jurors on General Damages in Personal Injury CasesRoselle WisslerArizona State University (ASU) - Sandra Day O'Connor College of Law Michael J. SaksArizona State University (ASU) - Sandra Day O'Connor College of Law Patricia F. Kuehnaffiliation not provided to SSRN 2000 Psychology, Public Policy & Law, Vol. 6, p. 712, 2000 Abstract: The authors consider instructions that courts do or could give to jurors to guide them in making awards for general damages in civil litigation. The authors review the nature and content of current instructions about the factors that should (or should not) affect juror's awards, as well as the limited body of empirical research on the impact of these instructions. The most noteworthy feature of current instructions regarding damages is the lack of guidance they provide. The consequence appears to be awards that have considerable variability and that are influenced by improper considerations. The authors also discuss research on the effectiveness of alternative forms of jury instructions and trial procedures in preventing or reducing these problems. From Psychology, Public Policy & Law, 2000, Vol. 6, No. 3, 712-742. DOI: 10.1037//1076-8971.6.3.712 Copyright © 2000 by the American Psychological Association. Reproduced with permission.
Keywords: jury instructions, personal injury, damages Accepted Paper SeriesDate posted: December 14, 2010 ; Last revised: February 28, 2011Suggested CitationContact Information
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