Supreme Court Shifts Power: Juries Lose Control Over Punitive Damages
The Supreme Court has examined how much punishment is allowed under the Constitution. They have set limits on criminal sentences and punitive damages. For criminal sentences, the Court says the punishment must fit the crime and any facts increasing the sentence must be proven to a jury. For punitive damages, the punishment must also be proportional, but the Court reviews these cases differently. They give more power to juries in criminal cases but take power away in civil cases. The Court sees more clear signs of excessive punishment in civil cases and is concerned about federalism in punitive damages cases.