Punishment by the people: rethinking the jury's political role in assigning punitive damages.
Duke Law Journal, February, 2007 by Chapman, Nathan Seth
INTRODUCTION
In the past decade the Supreme Court did something--twice--it has never done before: it struck down a punitive damages award for violating the United States Constitution. (1) In each case, the awards had been determined by an elaborate choreography, including the parties and their respective counsel, a jury of disinterested laypeople, and a trial judge. Moreover, the jury in each case made a moral judgment consistent with state constitutional requirements about how much money the defendant should be required to pay as punishment for wrongdoing. (2) But the United States Supreme Court found both punishments "grossly excessive," (3) violating the Due Process Clause of the Fourteenth Amendment. (4) The next time the Court reviews the constitutionality...
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