TY - JOUR
T1 - Punitive damage decision making
T2 - The decisions of citizens and trial court judges
AU - Robbennolt, Jennifer K.
N1 - Funding Information:
This research was supported by Grant #5 T32 MH16156-18 from the National Institutes of Mental Health, a grant from the American Psychology–Law Society Grants-in-Aid Program, Warden Funds from the University of Nebraska Department of Psychology, and the University of Missouri Law School Foundation.
PY - 2002/6
Y1 - 2002/6
N2 - Some states have allocated the authority to determine the amount of punitive damages to judges rather than to juries. This study explored the determination of damages by jury-eligible citizens and trial court judges. The punitive damage awards of both groups were of similar magnitude and variability. The compensatory damages of jurors were marginally lower but, in some conditions, were more variable than the compensatory damage awards of judges. Both groups appropriately utilized information about both the actual and potential severity of the harm to the plaintiff in determining punitive damages and used only the actual severity of the injury in determining compensatory damages. The punitive damage awards of both groups were influenced by the wealth of the defendant, but the compensatory damage awards of judges were marginally more influenced by defendant wealth than those of citizens. The results are discussed in the context of proposals for punitive damages reform.
AB - Some states have allocated the authority to determine the amount of punitive damages to judges rather than to juries. This study explored the determination of damages by jury-eligible citizens and trial court judges. The punitive damage awards of both groups were of similar magnitude and variability. The compensatory damages of jurors were marginally lower but, in some conditions, were more variable than the compensatory damage awards of judges. Both groups appropriately utilized information about both the actual and potential severity of the harm to the plaintiff in determining punitive damages and used only the actual severity of the injury in determining compensatory damages. The punitive damage awards of both groups were influenced by the wealth of the defendant, but the compensatory damage awards of judges were marginally more influenced by defendant wealth than those of citizens. The results are discussed in the context of proposals for punitive damages reform.
KW - Damage awards
KW - Judges
KW - Juror decision making
UR - http://www.scopus.com/inward/record.url?scp=0036615879&partnerID=8YFLogxK
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U2 - 10.1023/A:1015376421813
DO - 10.1023/A:1015376421813
M3 - Article
C2 - 12061621
AN - SCOPUS:0036615879
VL - 26
SP - 315
EP - 341
JO - Law and Human Behavior
JF - Law and Human Behavior
SN - 0147-7307
IS - 3
ER -