Missouri Jury Instruction - Counterfeit - Dealing
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Punitive damages are not designed to compensate the plaintiff, but to deter others from engaging in similar wrongful behavior. While the plaintiff will receive the monetary award, the primary purpose of punitive damages is to punish the defendant.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. They are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional.
Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
To support a claim for punitive damages, the plaintiff must show that the conduct of the defendant was harsh, vindictive, reprehensible or malicious, which are adjectives adopted by McIntyre J., writing for the majority in Vorvis v. Insurance Corporation of British Columbia, 1989 CanLII 93 (SCC), [1989] 1 S.C.R.
The degree of injury sustained by the victim is of little consequence in the assessment of punitive damages. The award arises from intentional conduct which disregards the legal rights of the plaintiff in a malicious or outrageous manner.