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Separating Compensatory and Punitive Damage Award Decisions by Trial Bifurcation
Journal article   Peer reviewed

Separating Compensatory and Punitive Damage Award Decisions by Trial Bifurcation

Christine M Shea Adams and Martin J Bourgeois
Law and human behavior, Vol.30(1), pp.11-30
02-2006
PMID: 16729206

Abstract

Adolescent Adult Compensation and Redress - legislation & jurisprudence Decision Making Female Humans Judgment Liability, Legal - economics Male Multivariate Analysis Punishment United States
In a simulated products liability trial, we tested the effects of bifurcating decisions regarding compensatory and punitive damage awards. Fifty-nine groups of 5-7 jurors heard evidence in a unitary or bifurcated format, deliberated about the case to a unanimous decision, and awarded damages. Trial bifurcation decreased variability in compensatory damage awards across juries hearing the same case, and also decreased the tendency for juries to award extremely high compensatory damages. In addition, deliberation led to lower compensatory awards in the low injury severity condition and higher awards in the high injury severity condition. Jurors reported that they were using evidence more appropriately when the decisions were bifurcated. Implications of evidence bifurcation in civil trials are discussed.

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