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Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data

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Listed:
  • Theodore Eisenberg
  • Paula L. Hannaford‐Agor
  • Michael Heise
  • Neil LaFountain
  • G. Thomas Munsterman
  • Brian Ostrom
  • Martin T. Wells

Abstract

We analyze thousands of trials from a substantial fraction of the nation's most populous counties. Evidence across 10 years and three major data sets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries' and judges' tendencies to award punitive damages differ in bodily injury and no‐bodily‐injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases.

Suggested Citation

  • Theodore Eisenberg & Paula L. Hannaford‐Agor & Michael Heise & Neil LaFountain & G. Thomas Munsterman & Brian Ostrom & Martin T. Wells, 2006. "Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(2), pages 263-295, July.
    • Handle: RePEc:wly:empleg:v:3:y:2006:i:2:p:263-295
    DOI: 10.1111/j.1740-1461.2006.00070.x
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    Cited by:

    1. Smith Stan V. & Zaloshnja Eduard & Miller Ted & Smith David A. & Spicer Rebecca S., 2008. "Jury Verdicts in Drunken Driving Cases," Review of Law & Economics, De Gruyter, vol. 4(1), pages 475-498, December.

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