The Role of Emotions in Comparative Negligence Judgments1

Neal R. Feigenson · Jaihyun Park · Peter Salovey

29 citations0/0 files storedJournal of Applied Social Psychology

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Jury Decision Making Processes Law, Economics, and Judicial Systems Psychology of Moral and Emotional Judgment

Abstract

This experiment studied the role of emotional arousal in mediating the impact of plaintiff and defendant blameworthiness and accident severity on comparative negligence judgments. Participants (N= 214) read descriptions and viewed photographs of 2 accident cases varying in outcome severity, victim blameworthiness, and defendant blameworthiness. Participants then rated their emotional responses to the cases, apportioned fault between the parties, and assessed gross and discounted damages. Blameworthiness and outcome severity affected apportionment of fault, and the effects of blameworthiness and severity appeared to be mediated by the arousal of anger toward the parties. Damage awards were determined primarily by the severity of the accident and were not mediated by emotional arousal.

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References

1988The Cognitive Structure of Emotions 2014Handbook of Social Cognition 1982Judgment under uncertainty: Heuristics and biases 1995Mood and judgment: The affect infusion model (AIM).1986Norm theory: Comparing reality to its alternatives.1980The Belief in a Just World 1982The simulation heuristic 1981Human Inference: Strategies and Shortcomings of Social Judgment.

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2011The Effect of Acknowledging Mock Jurors' Feelings on Affective and Cognitive Biases: It Depends on the Sample 2021Law and emotion: A proposed taxonomy of an emerging field (2006)2007Juror Decision‐Making 2010Mock Juror Decision Making in a Civil Negligence Trial: The Impact of Gruesome Evidence, Injury Severity, and Information Processing Route 2013Psychological Injuries and Legal Decision Making in Civil Cases: What We Know and What We Do not Know

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