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This is one of the reasons that I oppose most of the proposals for tort reform. You will get cases where the government fails to properly investigate and punish the government or business. In these cases, having to justify themselves to civil jury is the last recourse.
This provides the disincentive to misbehave that the lack of criminal prosecution does not. Since one of the great fears is the unpredictability of the award, setting a cap would remove that.
Imagine if instead of having homicides charged with anywhere from manslaughter to capital murder with actual time served anywhere from a few months to death or life imprisonment, someone came up with a rule that said the sentence for all homicides would be capped at 24 months.
I still wonder if the Justice Department can get involved. The fact that the victim is from another state sort of argues for federal involvement.
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