TY - JOUR
T1 - Precious little guidance
T2 - Jury Instruction on Damage Awards
AU - Greene, Edith
AU - Bornstein, Brian
N1 - Copyright:
Copyright 2018 Elsevier B.V., All rights reserved.
PY - 2000/9
Y1 - 2000/9
N2 - Jury instructions on damage awards are notoriously vague and ambiguous. As a result, awards are sometimes unexpected and seemingly illogical. In this article, the authors argue that jury instructions regarding damages are vague because the law of damages itself is purposefully ambiguous - allowing particularized justice across a variety of different circumstances. The authors review research on comprehension and application of substantive jury instructions related to damages and on procedural variations at trial (e.g., use of preinstruction, bifurcation, blindfolding jurors to various issues, special verdict forms, caps on damages, and instruction revision) that impact the substantive instructions that jurors receive from the judge. They comment on attempts at reforming jury instructions regarding damages and conclude that jurors' decision making on this difficult and emotional issue could be made more predictable by careful reforms at the trial level.
AB - Jury instructions on damage awards are notoriously vague and ambiguous. As a result, awards are sometimes unexpected and seemingly illogical. In this article, the authors argue that jury instructions regarding damages are vague because the law of damages itself is purposefully ambiguous - allowing particularized justice across a variety of different circumstances. The authors review research on comprehension and application of substantive jury instructions related to damages and on procedural variations at trial (e.g., use of preinstruction, bifurcation, blindfolding jurors to various issues, special verdict forms, caps on damages, and instruction revision) that impact the substantive instructions that jurors receive from the judge. They comment on attempts at reforming jury instructions regarding damages and conclude that jurors' decision making on this difficult and emotional issue could be made more predictable by careful reforms at the trial level.
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U2 - 10.1037/1076-8971.6.3.743
DO - 10.1037/1076-8971.6.3.743
M3 - Article
AN - SCOPUS:0034558659
VL - 6
SP - 743
EP - 768
JO - Psychology, Public Policy, and Law
JF - Psychology, Public Policy, and Law
SN - 1076-8971
IS - 3
ER -