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To: Poohbah
Because the government enforces the decision of the jury doesn't mean that they are an agent of the government, sorry to tell you.

They are citizens, no more, no less. The Government is not a party to such a lawsuit and has no interest in its outcome. The citizens of the State of Utah have cast judgment against the actions of the company, under the laws of Utah, and that decision is enforced by the laws of Utah. Today's Supreme Court decision undercuts the sovereignty of both state law and the jury system.

Again, the Court did not rely on the 8th Amendment, and the petitioners did not argue there was an 8th Amendment prohibition, since it simply doesn't apply here.
42 posted on 04/07/2003 11:51:26 AM PDT by Viva Le Dissention
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To: Viva Le Dissention
Because the government enforces the decision of the jury doesn't mean that they are an agent of the government, sorry to tell you.

Sorry to tell you--they effectively ARE an agent of the government.

They are citizens, no more, no less. The Government is not a party to such a lawsuit and has no interest in its outcome.

Once the outcome is in place, the government has an interest. The government DOES have an interest in preventing said outcomes from being too onerous--it might inspire the pursuit of some more...primitive...forms of "justice" by various interested parties to the case.

The citizens of the State of Utah have cast judgment against the actions of the company, under the laws of Utah, and that decision is enforced by the laws of Utah. Today's Supreme Court decision undercuts the sovereignty of both state law and the jury system.

Well, if you're putting it that way...

What is to keep the jury from imposing as punishment the mandatory dismemberment of the company's officers and their families at a Monster Truck Rally?

Oh, you mean that they aren't THAT sovereign?

Whoopsie.

Maybe they never were as sovereign as you think they are.

And kindly note your construction--you describe them as "the citizens of the State of Utah." Go read a criminal indictment; it will say "The People of Utah vs. XXX."

Semantically, you just made civil and criminal cases co-equal under the Eighth Amendment.

48 posted on 04/07/2003 11:57:57 AM PDT by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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