We have shown that the difficulty of mapping punitive intent onto dollar amounts is a
potentially important source of unpredictability in punitive damages. The variability of the
dollar response contrasts with another important observation: there is substantial agreement
in the population with respect to judgments of both outrage and punishment, and the
consensus operates across differences of gender, race, age, education, and income. This
substantial consensus on outrage and punitive intent make them predictable, while dollar
awards are much less so.
We have shown that the difficulty of mapping punitive intent onto dollar amounts is apotentially important source of unpredictability in punitive damages. The variability of thedollar response contrasts with another important observation: there is substantial agreementin the population with respect to judgments of both outrage and punishment, and theconsensus operates across differences of gender, race, age, education, and income. Thissubstantial consensus on outrage and punitive intent make them predictable, while dollarawards are much less so.
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