Cornell Law School.
Exeter Law School, University of Exeter.
Law Hum Behav. 2018 Apr;42(2):95-109. doi: 10.1037/lhb0000282.
Legal systems often require the translation of qualitative assessments into quantitative judgments, yet the qualitative-to-quantitative conversion is a challenging, understudied process. We conducted an experimental test of predictions from a new theory of juror damage award decision making, examining how 154 lay people engaged in the translation process in recommending money damages for pain and suffering in a personal injury tort case. The experiment varied the presence, size, and meaningfulness of an anchor number to determine how these factors influenced monetary award judgments, perceived difficulty, and subjective meaningfulness of awards. As predicted, variability in awards was high, with awards participants considered to be "medium" (rather than "low" or "high") having the most dispersion. The gist of awards as low, medium, or high fully mediated the relationship between perceived pain/suffering and award amount. Moreover, controlling for participants' perceptions of plaintiffs and defendants, as well as their desire to punish and to take economic losses into account, meaningful anchors predicted unique variance in award judgments: A meaningful large anchor number drove awards up and a meaningful small anchor drove them down, whereas meaningless large and small anchors did not differ significantly. Numeracy did not predict award magnitudes or variability, but surprisingly, more numerate participants reported that it was more difficult to pick an exact figure to compensate the plaintiff for pain and suffering. The results support predictions of the theory about qualitative gist and meaningful anchors, and suggest that we can assist jurors to arrive at damage awards by providing meaningful numbers. (PsycINFO Database Record
法律体系通常要求将定性评估转化为定量判断,但这种定性到定量的转换是一个具有挑战性的、研究不足的过程。我们对一项新的陪审团损害赔偿决策理论进行了实验测试,检验了 154 名非专业人士在参与人身伤害侵权案件的疼痛和痛苦赔偿推荐过程中如何进行翻译。该实验改变了锚定数字的存在、大小和意义,以确定这些因素如何影响货币赔偿判决、感知难度和赔偿的主观意义。正如预测的那样,赔偿的可变性很高,参与者被认为是“中等”(而不是“低”或“高”)的赔偿有最大的分散性。低、中、高的赔偿要点完全调解了感知疼痛/痛苦和赔偿金额之间的关系。此外,控制参与者对原告和被告的看法,以及他们考虑惩罚和考虑经济损失,有意义的锚点预测了赔偿判决的独特差异:有意义的大锚点数字会提高赔偿金额,而有意义的小锚点数字则会降低赔偿金额,而无意义的大锚点和小锚点数字则没有显著差异。计算能力并不能预测赔偿金额或可变性,但令人惊讶的是,计算能力更强的参与者报告说,要选择一个确切的数字来补偿原告的疼痛和痛苦更加困难。结果支持了该理论关于定性要点和有意义的锚点的预测,并表明我们可以通过提供有意义的数字来帮助陪审团做出损害赔偿判决。