A Comparison of Students’ and Jury Panelists’ Decision-making in Split Recovery Cases
- ASU Author/Contributor (non-ASU co-authors, if there are any, appear on document)
- Twila Wingrove Ph.D., Associate Professor (Creator)
- Institution
- Appalachian State University (ASU )
- Web Site: https://library.appstate.edu/
Abstract: This study was designed to assess jury decision-making for 289 participants reading
a medical malpractice vignette as a function of participant type (undergraduate
students or jury panelists), punitive damage award apportionment (none, half, or all
to the plaintiff), and compensation previously assigned to the plaintiff (low, medium,
or high). We found several sample differences. Overall, jury panelists awarded
more money for punitive damages. Jury panelists were also more affected by compensatory-
relevant information when making punitive decisions, including assigning
punitive damages and rating the fairness of the traditional apportionment scheme,
where the plaintiff receives all of the money. Compared with students, more jury
panelists were in favor of the plaintiff receiving the entire punitive award. Most students
endorsed split recovery. The authors suggest that psycholegal research conducted solely
with student samples, rather than community members, may misestimate the likely
behavior of actual juries. The implications of the study for split recovery policy are also
discussed.
A Comparison of Students’ and Jury Panelists’ Decision-making in Split Recovery Cases
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Created on 2/5/2013
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Additional Information
- Publication
- Fox, P., Wingrove, T., & Pfeifer, C. (2011). A Comparison of Students’ and Jury Panelists’ Decision-Making in Split Recovery Cases. Behavioral Sciences & the Law, 29(3), 358-375 (May/June 2011). Published by Wiley (ISSN: 0735-3936). doi: 10.1002/bsl.968
- Language: English
- Date: 2011