NCJ Number
171872
Journal
Judicature Volume: 79 Issue: 5 Dated: (March-April 1996) Pages: 233-241
Date Published
1996
Length
9 pages
Annotation
Empirical data provided by the Civil Trial Court Network Project illuminate the debate over jury reform.
Abstract
A view from the State courts provides insight into the forum where more than 95 out of every 100 tort cases are handled. This article offers eight baseline civil jury indicators as a starting point for what should become an ongoing, systematic means for analyzing the civil justice system over time. One baseline indicator concludes that jury trials are rare, and a second baseline indicator states that civil juries in the State courts are primarily concerned with resolving "ordinary litigation" such as automobile accident and premises liability torts. A third baseline indicator shows that plaintiff win rates vary sharply by type of case. Other baseline indicators are that plaintiff win rates vary predictably according to the type of litigant; the typical jury award in State court is modest (median jury award of $52,000); and punitive damages are infrequent, typically for small sums, and concentrated in contract-related cases. Further, most jury trials involve one individual suing another individual, and jury trials typically occur approximately 2 years after the initial case filing. The aforementioned baseline indicators provide ammunition for both sides of the debate over tort reform. Empirical data can contribute to a rational discussion on punitive damage limits by helping to move the debate beyond personal experiences, individual case studies, and headline verdicts. The ultimate goal of civil law in this area is to achieve the best possible balance between deterrence of intentionally or grossly negligent harmful conduct and the costs of achieving deterrence. 15 figures and 28 footnotes