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INTRODUCTION I. ASYMMETRY SIX DECADES IN THE MAKING A. Asymmetry Regarding Remedies B. Asymmetry Regarding Causation Standards C. Should Asymmetry Be a Cause for Concern? II. PROBLEMS IN CROSS-STATUTE CLAIMS [...]

Many federal and state courts are subject to laws prohibiting jury notification that the amount of money they may award for non-economic damages is subject to a statutory cap. Such laws stem from concerns that notifying a jury of a damage cap might exert an influence on the amount of the award unrelated to the facts of the case. Courts not subject to laws prohibiting jury notification should adopt a policy of nondisclosure with the aim of preventing the distortion of jury awards.

This research hypothesized that using simpler jury instructions would reduce jurors' reliance on judges' nonverbal behavior. Mock jurors were given either standard or simplified jury instructions, heard actual trial testimony, and then saw a judge reading jury instructions (i.e., a judge who had an expectation or belief of either guilt or innocence for a defendant). This experiment was conducted twice, once with a student population and once with an adult population. For the students, neither the judges' expectations nor the jury instructions were strongly related to the jurors' verdicts. For the adults, jurors returned more guilty verdicts overall when judges thought the defendant was guilty, and this trend was moderated by the jury instructions. The relationship between judges' expectations and jurors' verdicts was strongly positive when standard instructions were given but was weaker and in the opposite direction when simplified instructions were given.

Many people have a low regard for the American judicial system because of the unpredictability of juries. Juries can also become confused in complex cases. The elimination of juries and their replacement by judges is advocated by some., The distinguished lawyer could not restrain himself. Even in the somber pages of the American Bar Association's Tort & Insurance Law Journal late last year, his rage blazed and fulminated. [...]