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Damage Anchors on Real Juries.

Authors :
Diamond, Shari Seidman
Rose, Mary R.
Murphy, Beth
Meixner, John
Source :
Journal of Empirical Legal Studies; Dec2011 Supplement, Vol. 8, p148-178, 31p
Publication Year :
2011

Abstract

Experiments reveal anchoring as a powerful force, even when participants see the anchor as irrelevant. Here, we examine the reactions of real deliberating jurors to attorney damage requests and concessions in 31 cases involving 33 plaintiffs in which the jury awarded damages. Jurors were critical consumers of attorney suggestions. They reacted more negatively to, and were less influenced by, plaintiff ad damnums for pain and suffering than to damage requests in categories grounded in more objective evidence. Deliberations revealed that jurors often perceive plaintiff ad damnums not only as irrelevant, but also as outrageous, impressions reflected in their verdicts. These findings suggest that extreme plaintiff ad damnums, including those without grounding in quantitative evidence from trial, may not exert substantial undue influence. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
17401453
Volume :
8
Database :
Complementary Index
Journal :
Journal of Empirical Legal Studies
Publication Type :
Academic Journal
Accession number :
67345255
Full Text :
https://doi.org/10.1111/j.1740-1461.2011.01232.x