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Determining Damages: The Influence of Expert Testimony on Jurors’ Decision Making

Determining Damages: The Influence of Expert Testimony on Jurors’ Decision Making How do jurors accomplish the task of awarding damages in a civil lawsuit? To what extent are they influenced by expert testimony? These questions were addressed in a mock juror simulation in which jurors from EI Paso County (Colorado) read one of three versions of a trial manuscript involving an age discrimination claim in which liability was already determined. They awardcd damages and answered follow-up questions. In one version, there was no expert testimony; in a second version, they received plaintiff expert testimony on lost future wages and other economic matters; and in the third version, they received both plaintiff and defense expert testimony. Monetary awards were significantly higher when expert(s) testified. Moreover, jurors were strongly influenced by the expert testimony: Nearly half of them selected a damage award that exactly matched the amounts suggested. Finally, jurors infrequently considered exponential calculations in assessing damages. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Determining Damages: The Influence of Expert Testimony on Jurors’ Decision Making

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Publisher
American Psychological Association
Copyright
Copyright © 1990 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF01068163
Publisher site
See Article on Publisher Site

Abstract

How do jurors accomplish the task of awarding damages in a civil lawsuit? To what extent are they influenced by expert testimony? These questions were addressed in a mock juror simulation in which jurors from EI Paso County (Colorado) read one of three versions of a trial manuscript involving an age discrimination claim in which liability was already determined. They awardcd damages and answered follow-up questions. In one version, there was no expert testimony; in a second version, they received plaintiff expert testimony on lost future wages and other economic matters; and in the third version, they received both plaintiff and defense expert testimony. Monetary awards were significantly higher when expert(s) testified. Moreover, jurors were strongly influenced by the expert testimony: Nearly half of them selected a damage award that exactly matched the amounts suggested. Finally, jurors infrequently considered exponential calculations in assessing damages.

Journal

Law and Human BehaviorAmerican Psychological Association

Published: Aug 1, 1990

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