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NCJ Number: 118964 Add to Shopping cart Find in a Library
Title: Punitive Damage Awards -- An Expanded Judicial Role
Journal: Marquette Law Review  Volume:72  Issue:1  Dated:(Fall 1988)  Pages:33-46
Author(s): J D Ghiardi
Date Published: 1988
Page Count: 14
Sponsoring Agency: National Institute of Justice/
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NCJRS Photocopy Services
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NCJRS Photocopy Services
Box 6000
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United States of America
Type: Issue Overview
Language: English
Country: United States of America
Annotation: Juries often receive very limited guidance in making punitive damage awards; as a result, punitive damage awards tend to become excessive, arbitrary, and unfounded.
Abstract: Excessive punitive damage awards are subject to judicial scrutiny and reduction. The role of the trial judge is examined in such areas as case suitability to punitive damage award, jury instruction, and amounts of award capable of punishing and deterring. Punishment and deterrence is examined in awards made by juries, and court responses to excessive awards are reviewed. A discussion of product liability cases is given. The purpose of punitive damages is re-examined, and judicial and legislative reforms are suggested to expand the judicial role in making punitive damage awards. 98 notes.
Main Term(s): Judicial discretion
Index Term(s): Deterrence; Products liability; Punishment; Victim compensation
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