Numeracy in the Jury Box: Numerical Ability, Meaningful Anchors, and Damage Award Decision Making

Abstract

This project employs an experimental design to test theoretical predictions regarding how numeracy can assist jurors in determining damage awards to compensate a plaintiff for pain and suffering, and how the use of meaningful numerical anchors may produce similar benefits. Mock jurors (N=345) reviewed a legal case and were asked to give a dollar award to compensate the plaintiff for pain and suffering. The presence and nature of a numerical anchor and the duration of pain and suffering were manipulated. Participants’ numeracy was measured. Results provided support for predictions. Jurors higher in numeracy gave awards that more appropriately reflected the duration of pain and suffering, and showed less variability in awards. Similar benefits were obtained by exposing jurors to meaningful numerical anchors to help them contextualize dollar amounts. Thus, introducing meaningful anchors to jurors may provide similar benefits to numeracy, without the drawbacks associated with selecting only numerate jurors.