The effects of injury severity on jury negligence decisions

Citation
E. Greene et al., The effects of injury severity on jury negligence decisions, LAW HUMAN B, 23(6), 1999, pp. 675-693
Citations number
20
Categorie Soggetti
Psycology
Journal title
LAW AND HUMAN BEHAVIOR
ISSN journal
01477307 → ACNP
Volume
23
Issue
6
Year of publication
1999
Pages
675 - 693
Database
ISI
SICI code
0147-7307(199912)23:6<675:TEOISO>2.0.ZU;2-9
Abstract
According to the laws of negligence, jurors' liability decisions are to be influenced by the defendant's conduct, but not by the severity of the plain tiffs injuries. We conducted a jury simulation study to assess whether juro rs reason in this manner. We manipulated the conduct of the defendant (reas onable, careless) and the severity of injuries to the plaintiff (mild, seve re) in a simulated automobile negligence case. Jurors completed predelibera tion questionnaires, deliberated to a verdict, and answered postdeliberatio n questionnaires. The defendant's conduct had a strong impact on liability judgments, but evidence related to injury severity also had an effect, albe it smaller. We analyze these findings in the context of various cognitive a nd motivational theories.