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Punitive Damages
Punitive Damages
★★★★★
★★★★★
Regular price
€40.99
A01=Cass R. Sunstein
A01=David A. Schkade
A01=John W. Payne
A01=Reid Hastie
A01=W. Kip Viscusi
america
american
analysis
assessment
Author_Cass R. Sunstein
Author_David A. Schkade
Author_John W. Payne
Author_Reid Hastie
Author_W. Kip Viscusi
auto
automobile
behavior
bmw
Category=LNAC5
Category=LNV
civil
class action
college
controversy
corporate
corporation
data
environment
eq_isMigrated=1
eq_nobargain
experiment
judge
judicial
juror
jury
lawsuit
manufacturer
manufacturing
plaintiff
psychology
punishment
risk
textbook
trial
united states
university
ury
usa
verdict
Product details
- ISBN 9780226780153
- Weight: 454g
- Dimensions: 15 x 23mm
- Publication Date: 15 Sep 2003
- Publisher: The University of Chicago Press
- Publication City/Country: US
- Product Form: Paperback
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Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against the cigarette manufacturers. More puzzling were two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights and the environment, multimillion dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors - specialists in psychology, economics and the law - present the results of controlled experiments with over 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. They find that although juries tended to agree in their moral judgements about the defendant's conduct, they rendered erratic and unpredictable dollar awards.
Jurors also tended to ignore instructions from the judges; showed "hindsight bias", believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. With a wealth of new data and a host of provocative findings, this book documents a wide range of systematic bias in jury behaviour and should be valuable for anyone interested in punitive damages, jury behaviour, human psychology and the theory of punishment.
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