The World Around You

James gives an intelligent take on Michael Kinsley’s latest piece. James’s conclusion that an ideal system would pay compensatory damages to make the victim financially whole, a similar amount to each victim for pain and suffering and punitive damages handled in criminal court doesn’t work for me.

Compensation for pain and suffering and punitive damages serve an important purpose. What is the point of trial by jury if the jury is given almost no discretion as to what is adequate compensation in a particular set of circumstances? Sure, they are going to err at times, but there are remedies for that, the same as when jurors convict a criminal in error. I much prefer the error of 12 citizens deciding unanimously over the errors and bias of one man or woman. I don’t need an ideal system, I just need a system that works as fairly as human fallibility will allow.