Punitive Damages and Injunctions Civil Term Paper

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For example, "in 1999, a Los Angeles jury issued the biggest punitive damage verdict ever -- $4 billion -- against General Motors (GM). The plaintiffs had been trapped and burned when their automobile gas tanks exploded. In court it was revealed that GM had chosen not to warn the public about the gas-line defect because it judged it would be cheaper to pay out individual lawsuits than to recall the defective automobiles," as explicitly stated in an internal company memo (Court 2004)

Do you think pre-conviction forfeiture in criminal cases is constitutional?

Strictly speaking, the practice is of highly dubious constitutionality, given that Amendment 7 of the U.S. Constitution requires a trial by jury to convict them of a crime.

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In some cases, pre-conviction forfeiture has been used to remove animals when someone is charged with abuse, which may seem like a noble use of the statute, but even then, given that unsubstantiated charges can be waged to result in someone being deprived of property in so many other contexts, the practice seems dubious ("Animal Rights: Article Topics," Lewis & Clark College, 2008).

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