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The present study examined the application of counterfactual thinking to the judicial system; specifically whether juror's personality and empathy predicted the amount of monetary victim compensation. Results indicated both Fantasy and PerspectiveTaking were strongly correlated with both monetary compensation and counterfactual statement production, whereas Agreeableness was not. Finally, ten items within these two empathy subscales (comprising a Counterfactual Victim Compensation Scale) reliably predicted which participants would grant higher monetary rewards. Future research directions and applications to jury selection are discussed.

Counterfactual Statements and Monetary Compensation in a Mock Judicial Context: Who Makes an Ideal Compensatory Juror?