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View Diary: Defendants' rights, victims' rights, and the worst of crimes (59 comments)

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  •  The reality is that money is inadequate (1+ / 0-)
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    Adam B

    That is true even for, say, a car accident that leaves someone with one leg amputated, or with a head injury that leaves them forever impaired, or with a river or acre of land or Gulf of Mexico that is polluted with toxic chemicals and may or may not ever recover. It is even more true where the injury (from the porn, not the rapes) is emotional and inchoate, and it isn't clear that any amount of therapy will ameliorate it.

    So in all these cases, translating "permanent disability," "temporary disability," and "pain and suffering" into dollars is an essentially arbitrary task. We ask juries to do it all the time, but it is distinctly weird. (Think about how other cultures would view this -- indigenous peoples, for example.)

    So asking courts to pick some arbitrary number in pornography damages claims isn't really any harder than what happens every day in other types of damages cases.

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