Punitive damages reform sparks controversy over deterrence vs. retribution goals.
Punitive damages reform is a complex issue because people disagree on whether the goal is to punish wrongdoers or to prevent future misconduct. Jury instructions often mix these goals, but they don't always go hand in hand. Many people, including lawyers and judges, are uncertain about the economic analysis of deterrence. Any reform based on economics will be controversial. Regardless of the purpose of punitive damages, juries struggle to make fair decisions.