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Get-tough stance draws fiscal criticism; California's three-strikes law could cost $5.5 billion annually, RAND study says

Article Abstract:

California voters' Nov 1994 passage of Proposition 184 enshrining the 'three strikes' law in the state's constitution means that any change to this policy would have to take place by constitutional amendment and may wreak havoc with California's budget. A RAND study puts the measure's costs at $5.5 billion annually over the next quarter-century. Critics cite the law's unfairness in addition to its expense. The law fails to distinguish between minor and serious felonies, meaning that nearly 500 crimes, including such petty offenses as shoplifting, could be third strikes.

Laws, regulations and rules, Finance, Prison administration, Mandatory sentences, Determinate sentences, Recidivists

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Plaintiffs rarely win punitives, study says: DOJ survey of state civil verdicts praised for depth, criticized for emphasis

Article Abstract:

A Department of Justice study suggests excessive punitive damage awards are rare, supporting critics of recent legislation passed by the House and Senate. The study looked at the 75 most populous counties as of 1992. It found that of the 762,000 civil cases disposed of, 2% went to jury; plaintiffs won 52% of those; plaintiffs won punitive damages in only 6% of those; and half the time these damages were less than $50,000. Critics say the study ignores the impact of even a few enormous awards and say the DOJ supports a White House agenda.

Analysis, Surveys, Exemplary damages, Punitive damages, Law reform, Legal reform

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Blowing the whistle louder: ruling could increase fraud claims against government contractors

Article Abstract:

The US Supreme Court will decide a False Claims Act case which will set a precedent on federal fraud suits against contractors. In Hughes Aircraft Co. v. United States ex rel. Schumer, the issue is what comprises public disclosure, as the fraud law permits whistleblowing only on undisclosed information. If the government wins, billions of more dollars could be recovered against defense and other public contractors.

Cases, Fraud, Whistle blowing, Whistleblowing, Government contractors

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