Accounting for Awards: An Examination of Juror Reasoning behind Pain and Suffering Damage Award Decisions

What do civil jurors think about when they are asked to make damage award decisions? Given the secrecy of the jury deliberation process, often we are unaware of jurors\u27 thought processes. This Article presents the results from three studies in which mock jurors explained the reasoning behind their damage awards for pain and suffering. We highlight the most common explanations and distinguish between reasons justifying high and low pain and suffering awards. We conclude with a discussion for what this means for attorneys during trial

Gist and Verbatim in Narrative Memory

A major concern regarding the study of narratives regards how they are indexed and retrieved. This is a question which touches on the structure of human memory in general. Indeed, if narratives capture the substance of human thought, then data that we have already collected regarding human memory is of central importance to the computational study of narrative. Fuzzy Trace Theory assumes that memory for narrative is simultaneously stored at multiple levels of abstraction and, whenever possible, decision-makers interpret a stimulus qualitatively and therefore operate on a simple - typically categorical - "gist" representation. Here, we present a computational model of Fuzzy Trace Theory applied to explain the impact of changes in a narrative upon risky-choice framing effects. Overall, our theory predicts the outcome of 20 experimental effects using only three basic assumptions: 1) preference for lowest level of gist, that is, categorical processing; 2) decision options that fall within the same categorical description are then interpreted using finer-grained (ordinal or verbatim) distinctions; and 3) once the options are mentally represented, decision preferences are generated on the basis of simple positive vs. negative valences stored in long-term memory (e.g., positive value for human lives). A fourth assumption - that negatively-valenced decision options are preferentially converted to positive decision options - is used when categories are not otherwise comparable

Using fuzzy-trace theory to understand and improve health judgments, decisions, and behaviors: A literature review.

Fuzzy-trace theory is a dual-process model of memory, reasoning, judgment, and decision making that contrasts with traditional expectancy-value approaches. We review the literature applying fuzzy-trace theory to health with three aims: evaluating whether the theory’s basic distinctions have been validated empirically in the domain of health; determining whether these distinctions are useful in assessing, explaining, and predicting health-related psychological processes; and determining whether the theory can be used to improve health judgments, decisions, or behaviors, especially in comparison to other approaches

Beyond Stereotypes of Adolescent Risk Taking: Placing the Adolescent Brain in Developmental Context

Recent neuroscience models of adolescent brain development attribute the morbidity and mortality of this period to structural and functional imbalances between more fully developed limbic regions that subserve reward and emotion as opposed to those that enable cognitive control. We challenge this interpretation of adolescent development by distinguishing risk-taking that peaks during adolescence (sensation seeking and impulsive action) from risk taking that declines monotonically from childhood to adulthood (impulsive choice and other decisions under known risk). Sensation seeking is primarily motivated by exploration of the environment under ambiguous risk contexts, while impulsive action, which is likely to be maladaptive, is more characteristic of a subset of youth with weak control over limbic motivation. Risk taking that declines monotonically from childhood to adulthood occurs primarily under conditions of known risks and reflects increases in executive function as well as aversion to risk based on increases in gist-based reasoning. We propose an alternative Lifespan Wisdom Model that highlights the importance of experience gained through exploration during adolescence. We propose, therefore, that brain models that recognize the adaptive roles that cognition and experience play during adolescence provide a more complete and helpful picture of this period of development

Reported Experiences with Plea Bargaining: A Theoretical Analysis of the Legal Standard

Although the majority of criminal cases in the United States are settled with plea bargains, very little empirical evidence exists to explain how defendants make life-altering plea bargain decisions. This Article first discusses the psychologicalfactors involved in plea bargaining decisions. Next, this Article empirically examines the factors involved in plea decisions of real-life defendants within the legal and psychological contexts. Finally, this Article highlights the psychological issues that need to be further examined in pleabargaining literature

Gist and verbatim communication concerning medication risks/benefits

To describe the information about medication risks/benefits that rheumatologists provide during patient office visits, the gist that patients with rheumatoid arthritis (RA) extract from the information provided, and the relationship between communication and medication satisfaction

Episodic memory does not add up: Verbatim-gist superposition predicts violations of the additive law of probability

a b s t r a c t Fuzzy-trace theory's assumptions about memory representation are cognitive examples of the familiar superposition property of physical quantum systems. When those assumptions are implemented in a formal quantum model (QEMc), they predict that episodic memory will violate the additive law of probability: If memory is tested for a partition of an item's possible episodic states, the individual probabilities of remembering the item as belonging to each state must sum to more than 1. We detected this phenomenon using two standard designs, item false memory and source false memory. The quantum implementation of fuzzy-trace theory also predicts that violations of the additive law will vary in strength as a function of reliance on gist memory. That prediction, too, was confirmed via a series of manipulations (e.g., semantic relatedness, testing delay) that are thought to increase gist reliance. Surprisingly, an analysis of the underlying structure of violations of the additive law revealed that as a general rule, increases in remembering correct episodic states do not produce commensurate reductions in remembering incorrect states

Improving communication of breast cancer recurrence risk

Doctors commonly use genomic testing for breast cancer recurrence risk. We sought to assess whether the standard genomic report provided to doctors is a good approach for communicating results to patients

Opportunities and challenges of Web 2.0 for vaccination decisions.

A growing number of people use the Internet to obtain health information, including information about vaccines. Websites that allow and promote interaction among users are an increasingly popular source of health information. Users of such so-called Web 2.0 applications (e.g. social media), while still in the minority, represent a growing proportion of online communicators, including vocal and active anti-vaccination groups as well as public health communicators. In this paper, the authors: define Web 2.0 and examine how it may influence vaccination decisions; discuss how anti-vaccination movements use Web 2.0 as well as the challenges Web 2.0 holds for public health communicators; describe the types of information used in these different settings; introduce the theoretical background that can be used to design effective vaccination communication in a Web 2.0 environment; make recommendations for practice and pose open questions for future research. The authors conclude that, as a result of the Internet and Web 2.0, private and public concerns surrounding vaccinations have the potential to virally spread across the globe in a quick, efficient and vivid manner. Web 2.0 may influence vaccination decisions by delivering information that alters the perceived personal risk of vaccine-preventable diseases or vaccination side-effects. It appears useful for public health officials to put effort into increasing the effectiveness of existing communication by implementing interactive, customized communication. A key step to providing successful public health communication is to identify those who are particularly vulnerable to finding and using unreliable and misleading information. Thus, it appears worthwhile that public health websites strive to be easy to find, easy to use, attractive in its presentation and readily provide the information, support and advice that the searcher is looking for. This holds especially when less knowledgeable individuals are in need of reliable information about vaccination risks and benefits