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Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 DataMichael HeiseCornell Law School Theodore EisenbergCornell University - Law School Martin T. WellsCornell University - School of Law Paula Hannaford-AgorNational Center for State Courts Neil LaFountainNational Center for State Courts G. Thomas MunstermanNational Center for State Courts (NCSC) Brian OstromNational Center for State Courts Journal of Empirical Legal Studies, Vol. 3, No. 2, pp. 263-95, 2006 Cornell Legal Studies Research Paper No. 05-015 Abstract: We analyze thousands of trials from a substantial fraction of the nation's most populous counties. Evidence across ten years and three major datasets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries' and judges' tendencies to award punitive damages differ in bodily injury and no-bodily-injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases.
Number of Pages in PDF File: 33 Accepted Paper SeriesDate posted: June 27, 2006Suggested CitationContact Information
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