Goal conflict in juror assessments of compensatory and punitive damages

被引:38
作者
Anderson, MC
MacCoun, RJ
机构
[1] Univ Calif Berkeley, Richard & Rhoda Goldman Sch Publ Policy, Berkeley, CA 94720 USA
[2] Univ Calif Berkeley, Jurisprudence & Social Policy Program, Berkeley, CA 94720 USA
关键词
D O I
10.1023/A:1022308515445
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Recent tort reform debates have been hindered by a lack of knowledge of how jurors assess damages. Two studies investigated whether jurors are able to appropriately compartmentalize compensatory and punitive damages. In Study I, mock jurors read a trial summary and were asked to assess compensatory and punitive damages in one of three conditions: (a) compensatory damages only, (b) punitive damages for the plaintiff or (c) punitive damages for the state treasury. Results suggest that jurors who did nor have the option to award punitive damages inflated compensatory damages via pain and suffering awards. Jurors were marginally more likely to award punitive damages when the plaintiff was the recipient. Mock jurors in Study 2 read a similar case summary and were asked to assess compensatory and punitive damages. Two factors were varied in Study 2: (a) egregiousness of the defendant's conduct, and (b) the recipient of any punitive damages (the plaintiff us. a consortium of state funds). Jurors were more likely to award punitive damages when the defendant's conduct was move egregious and when the plaintiff was the recipient. The results suggest leakage between compensatory and punitive damage judgments, contrary to the law's mandate.
引用
收藏
页码:313 / 330
页数:18
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