Do plaintiffs need to be careful of how much money they request? (October, 2010, Issue 3)

October 19th, 2010|

Jurors anchor damage awards on amounts requested by plaintiff attorneys. Most often, the more a plaintiff attorney requests, the more jurors award, even if jurors are offended by the size of the plaintiff attorney's request. Chapman and Bornstein (1996) had different groups of jurors hear a request for damages for either $100, $20,000, $5 million or $1 billion for the very same case and injuries...

How able are jurors to disregard stricken evidence? (October, 2010, Issue 1)

October 5th, 2010|

The study of the influence of inadmissible evidence on jurors, and admonitions to disregard it, has spanned more than 30 years. Steblay and colleagues (2006) conducted a comprehensive review of this research, and examined 175 different tests of the effects of instructions to disregard inadmissible evidence that were reported in 48 different studies...

How often are jurors presented invalid scientific evidence? (September, 2010, Issue 4)

September 28th, 2010|

Daubert and other cases decided in the 1990s (e.g., Daubert v. Merrell Dow Pharmaceuticals, 1993; General Electric v. Joiner, 1996; Kumho Tire v. Carmichael, 1999) require that judges base admissibility decisions for forensic scientific evidence on its scientific validity as opposed to relying entirely on its general acceptance in the professional community. Research shows that judges do not fully understand the Daubert factors, admitting evidence that is scientifically flawed and excluding evidence that is valid...

Do larger per diem requests for noneconomic damages lead to larger awards? (September, 2010, Issue 3)

September 21st, 2010|

Noneconomic damages are often valued through per diem requests to juries. A per diem request assigns a monetary value to a small unit of time (e.g., $15 per hour, $240 per day) and then multiplies that value by the number of units (e.g., hours, days, weeks, months) in which injury is or will be sustained to yield a figure for pain and suffering. Laughery and colleagues (2001) studied per diem requests to compensate a victim for pain and suffering for the remainder of the victim's life due to a consumer product accident...

How well do jurors understand jury instructions on reasonable doubt? (September, 2010, Issue 2)

September 14th, 2010|

Reasonable doubt instructions are the cornerstone of decision-making in criminal cases, and possibly the most important instruction provided to jurors. Ellsworth (1989) found that jurors were very clear on the notion that they had to be convinced "beyond a reasonable doubt" but, at the same time, none of the jurors were able to define what reasonable doubt meant. Kramer and Koening (1990) compared reasonable doubt understanding for jurors who had served jury duty and those who had been called but had never served...