“The criminal law serves a variety of purposes in our society. One foundational purpose is to deter those who do not share a particular social ethic from acting contrary to that ethic. Another is to punish. Although effective at punishing the culpable, ‘[c]riminal sanctions…have neither the scope nor the flexibility of civil remedies.’ Increasingly, however, the line between the two is blurred; and the criminal law is increasingly matching the civil law in terms of richness of remedies by adopting civil remedies. Restitution orders — where a convicted defendant is ordered to compensate her victim for the harm she caused — is one way the criminal justice system has lightened the burden on potential civil plaintiffs. Although the idea behind restitution ‘is more to deprive the wrongdoer of her ill-gotten gains,’ its compensatory aspect is difficult to ignore when searching for adequate means to remedy a deprivation of civil rights.”

Source: Timothy M. Stengel. “Absolute Judicial Immunity Makes Absolutely No Sense. An Argument For An Exception To Judicial Immunity.” 84 Temple Law Review 1071, 1094. 2012.


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