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Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data
Author(s) -
Eisenberg Theodore,
HannafordAgor Paula L.,
Heise Michael,
LaFountain Neil,
Munsterman G. Thomas,
Ostrom Brian,
Wells Martin T.
Publication year - 2006
Publication title -
journal of empirical legal studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.529
H-Index - 24
eISSN - 1740-1461
pISSN - 1740-1453
DOI - 10.1111/j.1740-1461.2006.00070.x
Subject(s) - punitive damages , jury , damages , jury instructions , economic justice , political science , law , criminology , psychology
We analyze thousands of trials from a substantial fraction of the nation's most populous counties. Evidence across 10 years and three major data sets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries' and judges' tendencies to award punitive damages differ in bodily injury and no‐bodily‐injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases.