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Punitive DamagesHow Juries Decide$
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Cass R. Sunstein, Reid Hastie, John W. Payne, David A. Schkade, and W. Kip Viscusi

Print publication date: 2002

Print ISBN-13: 9780226780146

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226780160.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 04 June 2020

Shared Outrage, Erratic Awards

Shared Outrage, Erratic Awards

(p.31) 2 Shared Outrage, Erratic Awards
Punitive Damages

Daniel Kahneman

David A. Schkade

Cass R. Sunstein

University of Chicago Press

This chapter aims to uncover some of the sources of unpredictability in punitive damages awards by juries. The principal conclusion is that people have great difficulty in using the scale of dollars. Without guidance about what is meant by various “points” on the dollar scale, different juries choose different amounts, not necessarily because they disagree about anything of importance, but because the choice of one or another dollar award often amounts to a stab in the dark. More specifically, the chapter offers three central findings, based on a study of the judgments of 899 jury-eligible citizens.

Keywords:   punitive damages award, juries, dollar award, judgments, jury-eligible citizens, erratic awards

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