The impact of jury instructions on the fusion of liability and compensatory damages

Roselle L. Wissler, Katie A. Rector, Michael Saks

Research output: Contribution to journalArticlepeer-review

19 Scopus citations


This study examined whether special jury instructions or the bifurcation of liability and compensation decisions would counter the tendency for evidence concerning the defendant's liability to affect damages awards. Mock jurors made liability and award decisions in response to a case description in which the level of defendant responsibility for the plaintiff's injuries and the type or timing of damages instructions were systematically varied. Instructions not to discount awards for uncertainty about the defendant's fault and instructions not to increase awards to punish the defendant's carelessness reduced the impact of the defendant's conduct on awards, while bifurcation did not. Additional findings suggest, at least in the context of the present study, that discounting may be a somewhat more potent process than surcharging. Possible explanations for these effects are discussed.

Original languageEnglish (US)
Pages (from-to)125-139
Number of pages15
JournalLaw and Human Behavior
Issue number2
StatePublished - Jan 1 2001

ASJC Scopus subject areas

  • Arts and Humanities (miscellaneous)
  • General Psychology
  • Psychiatry and Mental health
  • Law


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