Putting It All Together

Hastie Reid

in Punitive Damages

Published by University of Chicago Press

Published in print April 2002 | ISBN: 9780226780146
Published online March 2013 | e-ISBN: 9780226780160 | DOI:
Putting It All Together

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This chapter reviews some major empirical findings and extracts some essential principles and themes on the behavior of jurors, juries, and judges making punitive damages decisions. The empirical findings depict the juror as a decision maker whose good intentions, natural abilities, and adaptive strategies are overwhelmed by the demands of the punitive damages decision task. Consequently, juror decisions are systematic and predictable when judging the relative moral reprehensibility of a defendant's conduct, but decisions concerning the absolute distinction between liable and not liable and assessments of dollar awards are unreliable and unpredictable. The chapter summarizes the major empirical findings into three substantive categories: setting dollar awards, judging recklessness and liability, and reasoning about risk and uncertainty.

Keywords: juror behavior; punitive damages; punitive damages decision; juror decision; recklessness; liability

Chapter.  12413 words. 

Subjects: Company and Commercial Law

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