Private civil enforcement with treble damages was proposed as an alternative to criminal penalties
Evidence
An amendment has been offered, amending Sections 1 and 2 of the bill to strike the provisions for criminal penalties, and substituting a civil action by the person harmed for treble damages, with a minimum recovery of $50 as nominal damages. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 917
Categorization
- XREF: connects to: Disproportionately harsh sanctions erode their own enforcement because officials decline to use them — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1098; Private arbitration can impose punitive damages to deter breach where courts cannot.; Discipline created a private penal system punishing what state law ignored — Michel Foucault, Discipline & Punish- The Birth of the…, 274 (+3 more)
Broader Connections
- Crime can be redefined as tort requiring repair rather than retribution
#corroborates(0.80) - Private arbitration can impose punitive damages to deter breach where courts cannot.
#expands(0.75) - Discipline created a private penal system punishing what state law ignored
#expands(0.72) — Michel Foucault, Discipline & Punish- The Birth of the…, 274 - Regulatory crimes emerged to solve diffuse-harm enforcement problems no private litigant would pursue.
#contradicts(0.72) — Lawrence M. Friedman, A History of American Law, 1736 - Expectation damages as enforced in practice fail to deter breach.
#qualifies(0.72) — Lisa Bernestein, Opting out of the Legal System, 148