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#1
December 19th 03, 02:32 PM
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Mark opined
"Tom Sixkiller" wrote: Your solution mixes civil and criminal law...a really bad situation. Yes, but the very concept of "punitive damages" is already an unhealthy mixture of civil and criminal law. No, it is not. Reserving the punitive damages for the taxpayers will help to restore the punitive aspect to its proper sphere. ....and make sure the the deep-pockets cases become even more prolific. 
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#2
January 2nd 04, 05:58 PM
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"Tom Sixkiller" wrote:
Mark opined "Tom Sixkiller" wrote: Your solution mixes civil and criminal law...a really bad situation. Yes, but the very concept of "punitive damages" is already an unhealthy mixture of civil and criminal law. No, it is not. It is, if you believe that "compensation" should be in the sphere of civil law, while "punishment" should remain in the sphere of criminal law. Only the State can impose criminal penalties. "Punitive" damages should only be imposed as a criminal sanction, and should require a criminal trial--with appropriate rules of evidence and procedure.
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#3
January 3rd 04, 01:46 PM
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"Mark" wrote in message ... "Tom Sixkiller" wrote: Mark opined "Tom Sixkiller" wrote: Your solution mixes civil and criminal law...a really bad situation. Yes, but the very concept of "punitive damages" is already an unhealthy mixture of civil and criminal law. No, it is not. It is, if you believe that "compensation" should be in the sphere of civil law, while "punishment" should remain in the sphere of criminal law. That's the way is was until the tort system went to hell. Only the State can impose criminal penalties. "Punitive" damages should only be imposed as a criminal sanction, and should require a criminal trial--with appropriate rules of evidence and procedure. That's a bit more precise explanation for the point I was making...thanks.
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#4
December 18th 03, 06:11 AM
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Tom Sixkiller wrote:
2. punitive damages go to the taxpayers, not to the plaintiff. Your solution mixes civil and criminal law...a really bad situation. Quite right. Mixing criminal punishment and civil retribution is a very bad thing. That's exactly why punitive damage as a punishment should have no business in a civil case. jue
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