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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.
Law and Human Behavior – American Psychological Association
Published: Aug 1, 1990
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