To: Poohbah
Didn't you ever wonder why the majority didn't cite the 8th Amendment in its decision? Why it wasn't even argued?
It's not relevant. The 8th Amendment is a prohibition on government action, as in criminal cases. Like being convicted of shoplifting and getting a million dollar fine.
A civil case, however, we don't have government action. The case is wholly outside the scope of the government, since the judiciary, in theory, is only a neutral arbitrator. The jury imposes the fine, and the jury is not an agent of the government.
To: Viva Le Dissention
A civil case, however, we don't have government action. The case is wholly outside the scope of the government, since the judiciary, in theory, is only a neutral arbitrator. The jury imposes the fine, and the jury is not an agent of the government.Wrong. The jury IS an agent of the government; they are paid by the government, and their decision is backed up by the force of the government.
38 posted on
04/07/2003 11:48:29 AM PDT by
Poohbah
(Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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