By Brian H. Bornstein, Richard L. Wiener, Robert Schopp, Steven L. Willborn
From Merck to McDonald’s to Firestone, high-profile tort instances encourage high-powered tort reform debate. at the same time they gasoline public perceptions of spurious claims and outlandish awards, whereas fostering specialist perceptions of an unwieldy criminal process. The members to Civil Juries and Civil Justice deliver order, in addition to a much-needed fact payment, to the location. This insightful, multidisciplinary quantity presents in-depth case facts, empirical findings, and unique study, synthesizing a variety of likely irreconcilable felony and mental viewpoints. major students reflect on the roots of juryphobia, the expansion trajectories of wear and tear awards, substitute technique of acquiring civil justice, and the position of the social sciences in formulating felony coverage whereas addressing those key questions of the tort reform controversy:
- What will be realized through learning jury decision-making?
- What is the connection among compensatory and punitive damages?
- Are judges extra able than juries in awarding damages?
- Where do non-litigation tools akin to apologies and mediation healthy in?
- Can physicians support increase the malpractice system?
- Have reform efforts performed extra damage than good?
Civil Juries and Civil Justice will allure readers throughout a variety of disciplines: forensic psychologists and psychiatrists, legal professionals, sociologists, criminologists, political scientists, and coverage makers. due to its research/practice orientation, professors and scholars in those fields will locate it a useful textual content for path adoption.
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Extra resources for Civil Juries and Civil Justice: Psychological and Legal Perspectives
Hastie Professor of Behavioral Science, Graduate School of Business, University of Chicago, 5807 S. edu B. H. Bornstein et al. ), Civil Juries and Civil Justice. Ó Springer 2008 23 24 R. Hastie or judgment of a magnitude, and some a projection to future events. For example, the shift from criminal judgments, where categorical verdicts play a prominent role in the final stage of the decision, to civil judgments, where degrees of responsibility play the analogous role, has important effects on the entire sequence of judgment processes.
Dixon & B. Gill, Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases Since the Daubert Decision, 8 PSYCHOLOGY, PUBLIC POLICY AND LAW 251(2002). 15 In most trials, however, the expert testimony is only one piece of evidence among others that needs to be weighed by the jury. It must be weighed against other evidence, including the testimony of civilian witnesses and physical evidence. Closing Arguments While some simulation studies have drawn attention to the potential effects of ad damnums and counter-anchors to ad damnums,16 closing arguments by both lawyers involve an attempt to review the evidence, suggest how the evidence fits with their theory of the case, and explain why the evidence does or does not justify an award or a certain amount of an award.
Vidmar fact juries inappropriately fuse the two decisions. ’’ Decisions on both causation and damages are often made complicated because the plaintiff may have been suffering from a prior injury or may have engaged in post-accident behavior that may have complicated the injury. In medical malpractice trials, for example, the patient underwent medical treatment because of some illness. In instances where the surgeon operates on the wrong limb, causation may be clear, but in many cases it is difficult to separate the bad outcome from the pre-existing injury or illness.