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The constitution and for that matter most state constitutions, simply state that no person shall be denied life, liberty or property without due process of law. Ergo, with due process you can lose any of the above. Punitive damages are awarded as a result of a trial and as such come from a due process-process. Bear in mind in most cases as to punitive damages we are talking about corporations. Experience shows us that they almost always assemble the best lawyers they can find, so it is not as if these corporations are at a disadvantage in the courtroom.

Punitive damages are for a purpose and that is to punish and there are some corporations whose activities need to be punished. Consider that litigation in general is a cost of business and in many cases is simply a mathematical calculation. When it should be a calculation of right and wrong. Punitive damages is the one element of litigation that cannot be truly calculated as a cost of business/litigation. It is one aspect that can hold a burden over a corporation to do the right thing and not just get their calculators out.

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