Cite as: 509 U. S. 443 (1993)
O'Connor, J., dissenting
posed to punish and deter, but rarely are they instructed on how to effectuate those goals or whether any limiting principles exist. See, e. g., id., at 39. Although this Court has not held such instructions constitutionally inadequate, it cannot be denied that the lack of clear guidance heightens the risk that arbitrariness, passion, or bias will replace dispassionate deliberation as the basis for the jury's verdict. See id., at 43, 63 (O'Connor, J., dissenting); id., at 41 (Kennedy, J., concurring in judgment) ("[T]he generality of the instructions may contribute to a certain lack of predictability"); Browning-Ferris Industries of Vt., Inc. v. Kelco Disposal, Inc., 492 U. S. 257, 281 (1989) (Brennan, J., concurring) (Such "skeletal" guidance is "scarcely better than no guidance at all," creating a need for more careful review); Smith v. Wade, 461 U. S. 30, 88 (1983) (Rehnquist, J., dissenting) (elastic standards applicable to punitive awards "giv[e] free reign to the biases and prejudices of juries"). As one commentator has explained:
"Like everyone else in the court system, juries need and deserve objective rules for decision. Deprived of any fixed landmarks and guideposts, any of us can be distracted, played on, and befuddled to the point where our best guess is far from reliable." Olson, supra, at 175.
It is therefore no surprise that, time and again, this Court and its Members have expressed concern about punitive damages awards " 'run wild,' " inexplicable on any basis but caprice or passion. Haslip, supra, at 9-12, 18 (discussing cases); see also Gertz v. Robert Welch, Inc., 418 U. S. 323, 350 (1974) ("[J]uries assess punitive damages in wholly unpredictable amounts bearing no necessary relation to the actual harm caused").
Influences such as caprice, passion, bias, and prejudice are antithetical to the rule of law. If there is a fixture of due process, it is that a verdict based on such influences cannot
475
Page: Index Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: October 4, 2007