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View Diary: What Is The Supreme Court Doing Deciding How Much Is Too Much for Punitive Damages? (22 comments)

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  •  That kind of a desparity (0+ / 0-)

    was meant to be addressed by the sentencing guidelines.  (At least on the federal level, and in some states).  That way, similar crimes receive similar punishments.

    As for the death penalty, that too is a result of SCOTUS's "creativity."  It used to be that death penalty was mandatory for certain crimes.  SCOTUS said that that is unconstitutional.  So they created the unbounded prosecutorial discretion in these matters.  (Again, that does not mean that I endorse mandatory death penalty as a policy matter, but the blame for the disorder in the system should be laid at SCOTUS's door).

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