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From Damage Caps to Decarceration: Extending Tort Law Safeguards to Criminal Sentencing
The title of this post is the title of this new article on SSRN authored by Andrea Roth and Jane Bambauer. Here is its abstract:
The Supreme Court has recognized a civil defendant’s substantive due process right not to be subject to grossly excessive punitive damage awards. Such awards even if furthering legitimate state interests in retribution and deterrence must not be grossly disproportionate to the compensatory damages reflecting the actual harm suffered by the plaintiffs. More concretely, the “multiplier” the ratio of punitive to compensatory damages cannot be too high, with anything exceeding a 10:1 ratio deemed presumptively excessive. This Article is the first to argue that a similar test should guard against grossly excessive criminal punishments; indeed, it seems odd that large corporations committing civil wrongs enjoy greater protection against overpunishme
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ஆண்ட்ரியா-ரோத்
உச்ச-நீதிமன்றம்
சேதம்-தொப்பிகள்
நீட்டித்தல்-சித்திரவதை-சட்டம்-பாதுகாப்புகள்
so if you really focus on the terrible deed that this young man did. they could say, we re victim, too, and we re not responsibility for that act. there s this whole notion of the damaged c damage caps, wht takes the damage caps away so these families can be paid out millions upon millions depending on what they lost. if they lost a wall street executive that was making $20 million and had 15 more years to make that money, would lufthansa and germanwings have to pay? you have to understand one thing, the damage caps are only in place if the airline, germanwings, comes in and proves that it was not negligent or otherwise at fault at all. the plaintiffs have the burden of proving the airline was negligent. the airline has the burden of proving it wasn t negligent.
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