NCJ Number
118964
Journal
Marquette Law Review Volume: 72 Issue: 1 Dated: (Fall 1988) Pages: 33-46
Date Published
1988
Length
14 pages
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.