Civil Juries and Civil Justice [electronic resource] : Psychological and Legal Perspectives /
Bornstein, Brian H.editor.
Wiener, Richard L.editor.
Schopp, Robert.editor.
Willborn, Steven L.editor.
From Merck to McDonald’s to Firestone, high-profile tort cases inspire high-powered tort reform debate. Simultaneously they fuel public perceptions of spurious claims and outlandish awards, while fostering professional perceptions of an unwieldy legal system. The contributors to Civil Juries and Civil Justice bring order, as well as a much-needed reality check, to the situation. This insightful, multidisciplinary volume provides in-depth case data, empirical findings, and original research, synthesizing a range of seemingly irreconcilable legal and psychological viewpoints. Leading scholars consider the roots of juryphobia, the growth trajectories of damage awards, alternative means of obtaining civil justice, and the role of the social sciences in formulating legal policy while addressing these key questions of the tort reform controversy: What can be learned by studying jury decision-making? What is the relationship between compensatory and punitive damages? Are judges more capable than juries in awarding damages? Where do non-litigation methods such as apologies and mediation fit in? Can physicians help improve the malpractice system? Have reform efforts done more harm than good? Civil Juries and Civil Justice will attract readers across numerous disciplines: forensic psychologists and psychiatrists, attorneys, sociologists, criminologists, political scientists, and policy makers. Because of its research/practice orientation, professors and students in these fields will find it a worthy text for course adoption.
Description based upon print version of record.
Includes bibliographical references and index.
Crisis, What Crisis? Perception and Reality in Civil Justice -- Crisis, What Crisis? Perception and Reality in Civil Justice -- Approaches To Studying Civil Juries -- What’s the Story? -- Civil Juries in Ecological Context: Methodological Implications for Research -- What is the Study of Jury Decision Making About and What Should it be About? -- The Relationship between Compensatory and Punitive Damages -- Crossing the Punitive-Compensatory Divide -- The Relation between Punitive and Compensatory Awards: Combining Extreme Data with the Mass of Awards -- Damages as Metaphor: A Commentary -- Medical Injuries And Medical Evidence -- Faking It? Citizen Perceptions of Whiplash Injuries -- Reflections on Juryphobia and Medical Malpractice Reform -- How Juryphobia and Fears of Fraudulent Claims Disserve Medical Malpractice Reform Efforts -- Apologies And Restorative Justice -- Apologies and Civil Justice -- Can We Talk? -- Constructs of Justice: Beyond Civil Litigation -- Signs for the Future of Civil Justice Research.
From Merck to McDonald’s to Firestone, high-profile tort cases inspire high-powered tort reform debate. Simultaneously they fuel public perceptions of spurious claims and outlandish awards, while fostering professional perceptions of an unwieldy legal system. The contributors to Civil Juries and Civil Justice bring order, as well as a much-needed reality check, to the situation. This insightful, multidisciplinary volume provides in-depth case data, empirical findings, and original research, synthesizing a range of seemingly irreconcilable legal and psychological viewpoints. Leading scholars consider the roots of juryphobia, the growth trajectories of damage awards, alternative means of obtaining civil justice, and the role of the social sciences in formulating legal policy while addressing these key questions of the tort reform controversy: What can be learned by studying jury decision-making? What is the relationship between compensatory and punitive damages? Are judges more capable than juries in awarding damages? Where do non-litigation methods such as apologies and mediation fit in? Can physicians help improve the malpractice system? Have reform efforts done more harm than good? Civil Juries and Civil Justice will attract readers across numerous disciplines: forensic psychologists and psychiatrists, attorneys, sociologists, criminologists, political scientists, and policy makers. Because of its research/practice orientation, professors and students in these fields will find it a worthy text for course adoption.
Psychology.
Civil procedure.
Psychology—Methodology.
Psychological measurement.
Law and Psychology.
Civil Procedure Law.
Psychological Methods/Evaluation.