📄 Jury instruction: punitive damages — Friday, February 7, 1997
Address:
C:\DEPT103\CIVIL\1997\FEB\7\JURY-INSTRUCTION-PUNITIVE-DAMA.DOC
TRIAL
▲ Day 56 of 57

Jury instruction: punitive damages

Date: Friday, February 7, 1997 • Utterances: 1
Judge Fujisaki instructed the jury on how to deliberate and assess punitive damages against O.J. Simpson, following the jury's earlier verdict finding Simpson liable and awarding compensatory damages. The instruction outlined three factors to weigh: reprehensibility of conduct, deterrent effect given Simpson's financial condition, and proportionality to the actual harm suffered by Ron Goldman and Nicole Brown Simpson.
1 THE COURT:

Ladies and gentlemen, you must now determine whether you should award punitive damages against defendant Simpson for the sake of example and by way of punishment, whether punitive damages should be imposed; and if so, the amount there is left to your sound discretion to exercise, without passion or prejudice. If you determine that punitive damages should be assessed against the defendant Simpson, in arriving at that amount of such award, you must consider one, the reprehensibility of defendant Simpson's conduct; Two, the amount of punitive damage which will have a deterrent effect on defendant Simpson and in the light of defendant Simpson's financial condition; Three, that the punitive damages must bear a reasonable relationship, a reasonable relationship to the injury, harm or damage actually suffered by Ronald Goldman or Nicole Brown Simpson. You have heretofore returned your verdict on the issue of liability and compensatory damages in favor of the plaintiffs against the defendant. Now, you shall retire and deliberate on the issue of punitive damages. The foreperson previously selected may preside over your deliberations, or you may elect to choose a new foreperson. Your deliberations on the issue of punitive damages shall be governed by the same instructions previously given to you, so far as they are applicable, as well as by the instructions on punitive damages. As soon as nine or more jurors have agreed upon a verdict on the issue of punitive damages, have it signed and dated by your foreperson by number and not by name, and then return with it to this room. Okay. The bailiff has previously been sworn to take charge the jury. You may take charge of the jury.

Temperature

procedural

Key Quotes (3)

Hiroshi Fujisaki
you must now determine whether you should award punitive damages against defendant Simpson for the sake of example and by way of punishment
Frames the purpose of punitive damages — punishment and deterrence, not compensation — as the jury moves to the final phase of the civil trial.
Hiroshi Fujisaki
the amount of punitive damage which will have a deterrent effect on defendant Simpson and in the light of defendant Simpson's financial condition
Explicitly ties the punitive award to Simpson's personal wealth, signaling the jury may consider his finances when calibrating the punishment.
Hiroshi Fujisaki
punitive damages must bear a reasonable relationship to the injury, harm or damage actually suffered by Ronald Goldman or Nicole Brown Simpson
Provides the constitutional guardrail limiting the award — it cannot be wildly disproportionate to the compensatory damages already found.

Objections

None recorded
Proceeding 8933 • 1 utterances
Civil Trial
Department 103
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📂 FEB 7, 1997 📄 Jury instruction: punitive dam
FEB 7, 1997 KRT DvH TD