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#10
January 3rd 04, 02:46 PM
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"Mark" wrote in message ... "Tom Sixkiller" wrote: Mark opined "Tom Sixkiller" wrote: Your solution mixes civil and criminal law...a really bad situation. Yes, but the very concept of "punitive damages" is already an unhealthy mixture of civil and criminal law. No, it is not. It is, if you believe that "compensation" should be in the sphere of civil law, while "punishment" should remain in the sphere of criminal law. That's the way is was until the tort system went to hell. Only the State can impose criminal penalties. "Punitive" damages should only be imposed as a criminal sanction, and should require a criminal trial--with appropriate rules of evidence and procedure. That's a bit more precise explanation for the point I was making...thanks. 
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