Punitive damages – should the US put a cap on punitive damages?
No. The jury decides it. The jury is supposed to represent the community in which the offense took place. Punitive damages are a way in which that sampling of the community can send messages to the offender that the actions are not tolerated. Usually large sums that are awarded as punitive damages are against corporations that have profited greatly off of their actions. It is also a way to keep corruption out of the judicial system. If the government were allowed to cap punitive damages, every lobbyist for every major corporation that knew it was doing something wrong would be at the doorstep of every US Senator an Representative lobbying for a lower cap. The common person that does not have this kind of representation or the finances to conduct long drawn out legal battles for a fraction of the payout. Lawyers would also be unwilling to take a case where they knew that their time and effort would not be compensated thus producing less chance for the victim to receive any kind of compe