Business on Trial: The Civil Jury and Corporate Responsibility

by Valerie P. Hans

Many people believe that jury verdicts in business trials are influenced by sympathy for the plaintiffs and a prejudice against business. This work, offering a systematic account of how juries make... This description may be from another edition of this product.

• Format: Hardcover
• Language: English
• ISBN: 0300082061
• ISBN13: 9780300082067
• Release Date: August 2000
• Publisher: Yale University Press
• Length: 288 Pages
• Weight: 1.25 lbs.
• Dimensions: 0.8" x 6.3" x 9.6"

Customer Reviews

The Best Study of Jurors and Business

Valerie P. Hans's assessments of misinformation and disinformation about the civil jury may do little to overcome the propaganda of tort reformers except among well-informed citizens, but citizen who cares to learn more about courts and law than about rhetoric will profit from her book. Hans, a professor of sociology and criminal justice at the University of Delaware, tests claims about how juries treat businesses in civil cases. She assembles myriad charges, and then she acquits the civil jury system of nearly every specification. She often establishes a preponderance of evidence opposite to criticisms of civil juries.The author proceeds so methodically and dispassionately as to win over every informed and open-minded reader. If there are no "Perry Mason" moments at which witnesses break down and admit that they were making it up as they went along, the "testimony" of purported experts is discredited all the more effectively by Professor Hans's fastidious craft and consistent fairness. (The author does establish that jurors tend to believe horror stories that have been discredited and sloganeering against litigants and lawyers, so jurors might still be derided for gullibility, just not by those who fabricate the tales and spread the slanders.Professor Hans's findings diverge from common beliefs because she undertakes to replace anecdotes and assumptions with information and evidence. Her results, almost always consistent with research to date, issue from three methods of inquiry. The author interviewed 269 jurors from 36 civil cases that involved businesses or corporations and were tried to a verdict or a hung jury. She conducted a statewide survey of respondents' views of business regulation and civil litigation. In addition, she designed experiments with mock juries to focus on telling variables and contexts. Given this methodical and methodological resourcefulness, her findings must instill great confidence.Hans finds that jurors are suspicious and even dismissive of victims and their grievances. Critics who assumed or asserted the ignorance of jurors may thereby have overlooked what jurors know well: everyday realities and everyday people. Because jurors believe that they understand what reasonable persons will or should do, plaintiffs often find civil juries a tough audience. Mindful that whiners and chiselers abound, jurors often begin cases presuming the plaintiff's culpability and become persuaded of the defendant's liability only slowly, reluctantly, and judiciously.A few of Professor Hans's findings may pleasee tort reformers, however. Professor Hans shows that jurors expect more of corporate defendants than they do of ordinary individuals. Business defendants are expected to measure up to norms that physicians and other professionals must meet to avoid charges of malpractice. Dr. Hans reminds her readers that this tendency may be true outside the United States: Japanese jurors too tend to expect corporations to anticipate and to avert

Insightful!

Valerie P. Hans has written a thorough, carefully designed study of jury behavior in civil trials. While presenting information cautiously and academically, she thoroughly explodes several common myths about civil juries and makes a powerful (if understated) case for the preservation of the civil jury system. She begins with surveys and quotes, preferring to let her data speak for itself, until she draws final conclusions and points out areas for further scholarship. Hans does not over-generalize, but the book is often repetitive, in part because some of the studies and issues overlap. Even so, the information is trimmed to a manageable length. This is not an entertaining read, but we [...] find the information and interviews clear, useful and accessible. This is a particularly helpful book for law students and professors, litigators, reporters covering the courts, corporate legal departments and anyone involved in civil litigation, especially if you have a voice in selecting a jury.

Valuable Information on Civil Juries

Professor Valerie Hans has written a valuable book concerning the institution of the civil juries. This book shatters some of the myths of the civil jury commonly held by both attorneys and the public, and replaces these myths with well-researched information.Many business executives believe that awards are based upon juries' sympathy for plaintiffs, and their view of businesses as having deep pockets. However, through interviewing jurors, Hans shows that the Robin Hood jury may be a myth, and that jurors often instead blame the plaintiff for their mishaps. Further research demonstrates that in two identical factual scenarios with jurors, where one company is described as wealthy while the other is poor, there is no signficant difference in the findings of negligence or in the amount awarded. Hans also works to reduce the image of a sue-crazy American society, by detailing the academic debate over the current status of lawsuits in the U.S.Social science research is becoming increasingly important in understanding the role of juries and jurors in our American society, and this book makes an important contribution to that research.