TY - JOUR
T1 - Anchoring in the courtroom
T2 - The effects of caps on punitive damages
AU - Robbennolt, Jennifer K.
AU - Studebaker, Christina A.
N1 - Funding Information:
This research was supported by grants #5 T32 MH16156-17 and -18 from the National Institutes of Mental Health. These data were first presented at the AP-LS Biennial Conference in March 1998. We would like to thank our research assistants Luke Bossard, Stephanie Garner, Jessica Gradowski, Aimee Karschner, Lori Knocke, Sonja Saunders, Stacey Shafenberg, and Nicholle Stahl. We would also like to thank Steve Penrod, Grant Robbennolt, and three anonymousreviewers for their comments on earlier drafts of this paper.
PY - 1999
Y1 - 1999
N2 - Responding to the perception that civil damage awards are out of control, courts and legislatures have pursued tort reform efforts largely aimed at reigning in damage awards by juries. One proposed method for reigning in civil juries is to limit, or cap, the amount that can be awarded for punitive damages. Despite significant controversy over damage awards and the civil litigation system, there has been little research focusing on the process by which juries determine damages. In particular, there is a paucity of research on the possible effects of placing caps on punitive damages. The present research examines punitive damage caps and reveals an anchoring effect of the caps on both compensatory and punitive damages. A second experiment replicates this effect and examines the moderating effect of bifurcating the compensatory and punitive damage decisions.
AB - Responding to the perception that civil damage awards are out of control, courts and legislatures have pursued tort reform efforts largely aimed at reigning in damage awards by juries. One proposed method for reigning in civil juries is to limit, or cap, the amount that can be awarded for punitive damages. Despite significant controversy over damage awards and the civil litigation system, there has been little research focusing on the process by which juries determine damages. In particular, there is a paucity of research on the possible effects of placing caps on punitive damages. The present research examines punitive damage caps and reveals an anchoring effect of the caps on both compensatory and punitive damages. A second experiment replicates this effect and examines the moderating effect of bifurcating the compensatory and punitive damage decisions.
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U2 - 10.1023/A:1022312716354
DO - 10.1023/A:1022312716354
M3 - Article
C2 - 10439722
AN - SCOPUS:0032842114
SN - 0147-7307
VL - 23
SP - 353
EP - 373
JO - Law and Human Behavior
JF - Law and Human Behavior
IS - 3
ER -