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Law and Human Behavior, Vol. 23, No. 6, 1999 Point and Counterpoint: A Discussion of Jury Research in the Civil Arena Richard L. Wiener Many jury researchers hold as their ultimate goal influencing public policy by persuading the appellate courts or legislatures about the need for changes in law. Some scholars actively pursue public policy debate in their writings or in open testimony at court, in legislative committees, or in front of other investigative bodies. Recently, Law and Human Behavior has published a number of empirical investigations of jury decision making in civil cases, often emphasizing studies of how jurors make decisions about compensatory and punitive damages. One such program of research by Reid Hastie and his colleagues focuses on discrepancies between law as written and law in litigation. This research, especially one article published in Law and Human Behavior, titled, "A study of juror and jury judgments in civil cases: Deciding liability for punitive damages" (Hastie, Schkade, & Payne, 1998), has drawn a wealth of attention from other researchers, the legal community, and the courts. The fundamental issue of the debate is, "How well do jurors follow the law to make punitive damage judgments in negligence cases?" Hastie
Law and Human Behavior – Springer Journals
Published: Sep 30, 2004
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