The Challenge of Punitive Damages Mathematics
研究测试了向陪审员提供惩罚性赔偿计算公式的效果,发现多数人无法正确计算,且受原告律师或媒体报道的锚定效应影响,少数族裔和低教育程度者更难以应用公式。
Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury‐eligible citizens who applied these formulas to a series of legal cases. Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiff’s lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well educated were particularly unwilling or unable to apply the recommended punitive damages formulas.