By Brian H. Bornstein, Richard L. Wiener, Robert Schopp, Steven L. Willborn
From Merck to McDonald’s to Firestone, high-profile tort instances motivate high-powered tort reform debate. at the same time they gasoline public perceptions of spurious claims and outlandish awards, whereas fostering specialist perceptions of an unwieldy felony process. The participants to Civil Juries and Civil Justice carry order, in addition to a much-needed truth fee, to the location. This insightful, multidisciplinary quantity presents in-depth case facts, empirical findings, and unique study, synthesizing quite a number doubtless irreconcilable criminal and mental viewpoints. major students give some thought to the roots of juryphobia, the expansion trajectories of wear and tear awards, replacement technique of acquiring civil justice, and the function of the social sciences in formulating felony coverage whereas addressing those key questions of the tort reform controversy:
- What could be discovered through learning jury decision-making?
- What is the connection among compensatory and punitive damages?
- Are judges extra able than juries in awarding damages?
- Where do non-litigation equipment corresponding to apologies and mediation healthy in?
- Can physicians support increase the malpractice system?
- Have reform efforts performed extra damage than good?
Civil Juries and Civil Justice will allure readers throughout quite a few disciplines: forensic psychologists and psychiatrists, legal professionals, sociologists, criminologists, political scientists, and coverage makers. due to its research/practice orientation, professors and scholars in those fields will locate it a precious textual content for path adoption.
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Extra info for Civil Juries and Civil Justice: Psychological and Legal Perspectives
Hastie, R. (1991). A cognitive theory of juror decision making: The Story Model. Cardozo Law Review, 13, 519–557. , & Hastie, R. (1992). Explaining the evidence: Tests of the story model for juror decision making. Journal of Personality and Social Psychology, 62, 189–206. , & Hastie, R. (1993). Reasoning in explanation-based decision making. Cognition, 49, 123–163. N. Johnson-Laird & E. ). (1994). Reasoning and decision making. M. ). (1995). What might have been: The social psychology of counterfactual thinking.
More generally we claim that causal ‘‘situation models’’ play a central role in many explanationbased decisions in legal, medical, engineering, financial, and everyday circumstances. Thus, we propose the decision process is divided into three stages: construction of a summary explanation, determination of decision alternatives, and mapping the explanation onto a best-fitting decision alternative. ) Furthermore, we diverge sharply from other theoretical approaches in our emphasis on the structure of memory representations as the key determinant of decisions.
In medical malpractice trials, for example, the patient underwent medical treatment because of some illness. In instances where the surgeon operates on the wrong limb, causation may be clear, but in many cases it is difficult to separate the bad outcome from the pre-existing injury or illness. The problem is not confined to medical malpractice. 13 With regard to duration, plaintiff and defendants vigorously contest how long the plaintiff suffered and when and if the plaintiff is or was sufficiently well to return to work.