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The Effects of Jury Ignorance About Damage Caps: The Case of the 1991 Civil Rights Act


Rebecca E. Hollander-Blumoff


Washington University in Saint Louis - School of Law

Matthew T. Bodie


Saint Louis University School of Law


NYU Law School, Public Law Research Paper No. 01-02; Hofstra Univ. Legal Studies Research Paper No. 05-01

Abstract:     
The 1991 Civil Rights Act revolutionized employment discrimination litigation by allowing for compensatory and punitive damages. At the same time, however, the Act capped those damages and forbade courts from informing jurors about the cap. This Article explores the effects of this imposed secrecy on the jury deliberation process and on the jury system itself. First, our article delves into the wealth of psychological literature about jury decision-making to determine how disclosing or hiding the caps might affect the jury's damage calculations. We explore decision-making biases and heuristics that might systematically affect the jurors' judgment about damage awards, and discuss how those awards might be changed if jurors were informed of the caps. Second, we discuss the potential effects that such secrecy has on perceptions of the legitimacy and fairness of the jury system, through its impact on parties, attorneys, and jurors. We conclude, in light of relevant psychological literature, that disclosure of the caps is likely to affect the jury's decision-making process, but that non-disclosure has the potential to threaten the integrity of the jury system more broadly, because hiding the caps could result in a failure of procedural justice that would affect the integrity of the judicial process. Ultimately, we argue that disclosing the caps, particularly if included within a framework of additional information about the purpose of compensatory and punitive damages, would result in better jury awards and more public satisfaction with the judicial system.

Number of Pages in PDF File: 47

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Date posted: March 7, 2005  

Suggested Citation

Hollander-Blumoff, Rebecca E. and Bodie, Matthew T., The Effects of Jury Ignorance About Damage Caps: The Case of the 1991 Civil Rights Act. Iowa Law Review, Vol. 90, No. 4, April 2005. Available at SSRN: http://ssrn.com/abstract=678201

Contact Information

Rebecca E. Hollander-Blumoff (Contact Author)
Washington University in Saint Louis - School of Law ( email )
One Brookings Drive
Campus Box 1120
St. Louis, MO 63137
United States
Matthew T. Bodie
Saint Louis University School of Law ( email )
100 N. Tucker Blvd.
St. Louis, MO 63108
United States

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