Hardship purposely inflicted by the state on an individual because that individual has violated one of its laws.
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How its tested
Common Examples
6
Mortgage Satisfaction Prevents Retention
Pilar Pena is convicted of tax evasion. The state court punishes Pilar Pena with a prison term because she willfully violated federal tax law after failing to report income.
Federal Power to Address Counterfeiting
Penelope Price is convicted of producing fake currency. Congress exercises its enumerated authority when the court punishes Penelope Price with fines and imprisonment under the federal counterfeiting statute.
Peremptory Challenges in Felony Case
Patrick Phan is convicted of felony assault. The court punishes Patrick Phan with a five-year sentence because the jury found he violated the criminal code beyond a reasonable doubt.
Paula Pierce is convicted of felony fraud. The sentencing court punishes Paula Pierce with imprisonment because the offense violated criminal statutes and warranted incarceration.
No Punitive Damages in Pure Contract Breach
Pulse Media is convicted of securities fraud. The court punishes Pulse Media with fines and probation because the conduct violated federal criminal statutes beyond a mere contract breach.
Unenforceable Liquidated Damages Clause
Prism Analytics is convicted of embezzlement. The court punishes Prism Analytics with a prison term because the company violated criminal laws by misappropriating client funds.
4 common questions
Students Frequently Ask...
What distinguishes criminal punishment from civil damages?
Criminal punishment requires purposeful infliction of hardship by the state because a law was violated. Civil damages compensate a private party for loss and do not carry the same stigma or blaming function.
Can punitive damages be awarded for a pure breach of contract?
No. Punitive damages are unavailable for breach of contract unless the conduct also constitutes a tort for which punitive damages are recoverable under applicable law.
When is a liquidated damages clause treated as an unenforceable penalty?
A clause fixing damages is unenforceable when the amount is unreasonable in light of anticipated or actual harm and the difficulties of proof, making it function primarily to punish rather than compensate.
How does the Constitution authorize Congress to punish certain offenses?
Article I Section 8 grants Congress power to provide for the punishment of counterfeiting and to define and punish piracies and felonies on the high seas as well as offenses against the law of nations.
Punishments
§§ 33, 34, 42, pp. 441, 443 (1863). 11. Illinois—Ill. Rev. Criminal Code §§ 40, 41, 46, pp. 130, 131 (1827). By 1868, this statute had been replaced by a subsequent enactment. Ill. Pub.…