Cardozo Public Law, Policy and Ethics Journal
Abstract
The article examines the evolving role of punitive damages in U.S. jurisprudence, highlighting their transformation from a compensatory tool for intangible harms to a primarily punitive and deterrent measure. This shift has blurred the lines between tort and criminal law, leading to constitutional challenges and difficulties in managing these damages through Supreme Court-established guideposts. The analysis concludes that the integration of punitive damages into private law creates inherent tensions and suggests that their abolition might be necessary to maintain legal clarity and justice.
Disciplines
Constitutional Law | Criminal Law | Criminal Procedure | Fourteenth Amendment | Law | Legal Remedies
Recommended Citation
Daniel M. Braun,
The Risky Interplay of Tort and Criminal Law: Punitive Damages,
11
Cardozo Pub. L. Pol’y & Ethics J.
449
(2013).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol11/iss3/3
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Fourteenth Amendment Commons, Legal Remedies Commons