), or national economic strength (GDP).
After only twelve years and a relatively small number of cases, the United States Supreme Court's piecemeal approach to constructing the constitutional parameters of punitive damage awards has amounted to a considerable amount of protection for civil defendants
. (106) While the Court has been unwilling to disturb the traditional common-law procedures used in fixing punitive damages, the evolving substantive standards have begun to burden trial and appellate courts when trying to apply the Court's unpredictable standard of constitutional review.
where civil defendants
had committed multiple contraventions, it was not
Cameras in courtrooms impose irreparable harm upon a citizen's right to a fair and impartial trial; they intimidate civil defendants
; they create security and privacy concerns; and they create spectacles like the 1935 Lindbergh baby kidnapping trial, or the 1954 Dr.
Many times, they have addressed questions fundamental to self-governance: Should civil defendants
have the right to a trial by jury?
Stevens wrote, "Whether the Court's actions will benefit only defendants in antitrust treble-damages cases, or whether its test for the sufficiency of a complaint will inure to the benefit of all civil defendants
, is a question that the future will answer." He added, "I would not rewrite the nation's civil procedure textbooks and call into doubt the pleading rules of most of its states without far more informed deliberation as to the costs of doing so."
This positions an officer of the court at the center of the conduct of the defense of criminal and civil defendants
. This lawyer is under an obligation to refuse to engage in unconstitutional, unlawful, (58) or unethical (under legal ethical standards) behavior in the conduct of that defense.