[CA Conservative]

The 8th Amendment prohibits excessive fines. Since punitive damages are, by definition, a form of punishment imposed on the defendant by a court (a branch of the government), this prohibition would be applicable, I would think. You might disagree, but the question is open to argument, and it appears that the majority of the USSC believes it to be a valid argument.

[cksharks]

Not argueing just asking? I dont think there should be any punitative damages at all.

[FreedomCalls]

The 8th Amendment prohibits excessive fines. Since punitive damages are, by definition, a form of punishment imposed on the defendant by a court (a branch of the government), this prohibition would be applicable, I would think.

The one reform that would put an end to the punitive damages scam is for the punitive damages to be treated as a fine and the proceeds be given to the state. No percentage cut for the trial lawyer, no lottery jackpot for the plaintiff. Remember the plaintiff is already being compensated for actual damages.