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Juries

Vanderbilt Law School Faculty Publications

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Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther Jan 2018

Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther

Vanderbilt Law School Faculty Publications

In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More specifically, Professor Risinger argues that we should not conceive of the burden of proof in terms of probabilities such as 51%, 95%, or even "beyond a reasonable doubt." Rather, the legal system should reference the threshold using "words of estimative surprise" -asking jurors how surprised they would be if the fact in question were not true. Toward this goal (and being averse to cardinality), he suggests categories such …


Juries, Hindsight, And Punitive Damages Awards: Reply To Richard Lempert, W. Kip Viscusi Jan 2002

Juries, Hindsight, And Punitive Damages Awards: Reply To Richard Lempert, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Richard Lempert, a Professor of Law and Sociology at the University of Michigan criticized our recent article on judge and jury performance of a punitive damage judgment task, calling it a "failure of a social science case for change." Professor Lempert's depiction of our research is confusing and incorrect. However, because we believe a reading of only the Lempert critique can lead to a substantial misunderstanding of our research and its implications, we have written a reply.