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Separating compensatory and punitive damage award decisions by trial bifurcation
Christine M Shea Adams1, Martin J Bourgeois
1University of Wyoming, Laramie, WY, USA. csheaada@uwyo.edu
Law and Human Behavior
|May 27, 2006
Summary
Bifurcating damage award decisions in trials reduced variability and extreme awards. Deliberation also influenced damage amounts based on injury severity, improving evidence use.
Area of Science:
- Legal Psychology
- Civil Litigation
Background:
- Jury decision-making in civil trials can be complex.
- Understanding factors influencing damage awards is crucial for legal reform.
Purpose of the Study:
- To investigate the impact of bifurcating compensatory and punitive damage awards.
- To assess how trial format affects jury damage awards and evidence utilization.
Main Methods:
- Simulated products liability trial with 59 jury groups (5-7 jurors each).
- Comparison of unitary versus bifurcated decision-making formats for damages.
- Analysis of compensatory and punitive damage awards and deliberation effects.
Main Results:
- Trial bifurcation significantly decreased variability in compensatory damage awards.
- Bifurcation reduced the tendency for juries to issue extremely high compensatory damages.
- Jury deliberation adjusted awards based on injury severity (lower for low severity, higher for high severity).
- Jurors reported improved evidence use in bifurcated trials.
Conclusions:
- Bifurcating damage award decisions offers a potential mechanism to enhance fairness and consistency in civil trials.
- The findings suggest that structural changes in trial procedures can positively influence jury outcomes and adherence to evidence.
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