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Wednesday, March 26, 2008


Babel Boy

Indeed. The answer is not to eliminate punitives, for that would only reward the wrong doers.

The answer is in taking the punitives out of the hands of the plaintiffs. Punitives are intended to, what else?, punish. So why should the plaintiff reap a $$$ windfall? The damages should go to . . . well, wherever criminal fines go, and certainly not to the plaintiff and his lawyers.

And it should be the judge, by his jury instructions, who determines whether the case warrants PDs. The plaintiff's case should be only the vehicle of putting evidence before the court -- evidence that may or may not warrant a jury instruction on PD.

Victims of crime have no monetary incentive to seek punishment of the perp, and neither should civil plaintiffs.

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