Abstract

http://ssrn.com/abstract=436643
 
 

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Nullificatory Juries


David A. Hoffman


Temple University - James E. Beasley School of Law; Cultural Cognition Project at Yale Law School

Kaimipono David Wenger


Thomas Jefferson School of Law

August 17, 2003

Wisconsin Law Review, Forthcoming
TJSL Public Law Research Paper

Abstract:     
In this Article, we argue that current debates on the legitimacy of punitive damages would benefit from a comparison with jury nullification in criminal trials. We discuss critiques of punitive damages and of jury nullification, noting the surprising similarities in the arguments scholars use to attack these (superficially) distinct outcomes of the jury guarantee. Not only are the criticisms alike, the institutions of punitive damages and jury nullification also turn out to have many similarities: both are, we suggest, examples of what we call "nullificatory juries."

We discuss the features of such juries, and consider recent behavioral data relating to the common sense moral intuitions that appear to motivate nullificatory juries to reject utilitarianism. After considering these root causes, we provide a theoretical framework for analyzing the benefits these juries provide to society. We conclude with some modest suggestions for future avenues of research.

Number of Pages in PDF File: 62

Keywords: behavioral, law and economics, jury behavior, jury nullification, criminal law, punitive damages, paternalism, rule of law

JEL Classification: K10, K13, K41

Accepted Paper Series


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Date posted: September 25, 2003  

Suggested Citation

Hoffman, David A. and Wenger, Kaimipono David, Nullificatory Juries (August 17, 2003). Wisconsin Law Review, Forthcoming; TJSL Public Law Research Paper. Available at SSRN: http://ssrn.com/abstract=436643 or http://dx.doi.org/10.2139/ssrn.436643

Contact Information

David A. Hoffman (Contact Author)
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-0612 (Phone)
Cultural Cognition Project at Yale Law School
127 Wall St
New Haven, CT 06520
United States
Kaimipono David Wenger
Thomas Jefferson School of Law ( email )
1155 Island Ave
San Diego, CA 92101
United States
619-961-4347 (Phone)
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