Chapter

Judging Corporate Recklessness

Reid Hastie, David A. Schkade and John W. Payne

in Punitive Damages

Published by University of Chicago Press

Published in print April 2002 | ISBN: 9780226780146
Published online March 2013 | e-ISBN: 9780226780160 | DOI: http://dx.doi.org/10.7208/chicago/9780226780160.003.0008
Judging Corporate Recklessness

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How do individual jurors comprehend evidence, instructions on the law, and then reason to a verdict regarding liability for punitive damages? This chapter reports on a study of juror and jury decision processes when making the liability decision regarding whether punitive damages are warranted or not. A special feature of the study is the use of videotapes of the mock-jury deliberations to examine the relationships that may exist between the processes of group deliberations and the liability judgments that were reached. The basic hypothesis is that jurors in punitive damages cases face a very difficult cognitive task and that a common approach to deal with this cognitive difficulty is to use everyday concepts of liability, punishment, and deterrence that do not map neatly onto their legal counterparts.

Keywords: punitive damages; liability decisions; liability judgment; punishment; deterrence

Chapter.  6690 words.  Illustrated.

Subjects: Company and Commercial Law

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