We thank the ISS Judgment, Decision Making and Social Behavior team members for their collegial and insightful comments on our work during the fellowship period. We also thank Edie Greene and Jeffrey Rachlinski for their thoughtful comments on a previous draft of this article, and Francoise Vermeylan for invaluable statistical advice.
To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards
Article first published online: 22 NOV 2011
Copyright © 2011 Cornell Law School and Wiley Subscription Services, Inc.
Journal of Empirical Legal Studies
Special Issue: Judgment by the Numbers: Converting Qualitative to Quantitative Judgments in Law
Volume 8, Issue Supplement s1, pages 120–147, December 2011
How to Cite
Hans, V. P. and Reyna, V. F. (2011), To Dollars from Sense: Qualitative to Quantitative Translation in Jury Damage Awards. Journal of Empirical Legal Studies, 8: 120–147. doi: 10.1111/j.1740-1461.2011.01233.x
- Issue published online: 22 NOV 2011
- Article first published online: 22 NOV 2011
This article offers a new multistage account of jury damage award decision making. Drawing on psychological and economic research on judgment, decision making, and numeracy, the model posits that jurors first make a categorical gist judgment that money damages are warranted, and then make an ordinal gist judgment ranking the damages deserved as low, medium, or high. They then construct numbers that fit the gist of the appropriate magnitude. The article employs data from jury decision-making research to explore the plausibility of the model.