That's why, to take a few examples, a criminal case must be proven beyond a reasonable doubt, and why criminal defendants have the right to remain silent. Punitive damages blur these important distinctions in troubling ways. They are, as the term implies, about punishment. But they are imposed without any of the protections to which criminal defendants are entitled. Setting the Limits For starters, civil defendants do not, in contrast to criminal defendants, have much advance notice that their actions subject them to punishment.
Tort law is different.
There is no way to define all the acts and omissions that might be negligent. This difference is radically distorted by punitive damages. The companies that make cigarettes, like the companies that make diapers or smoke detectors, are engaged in a legal business. On that basis, the cigarette companies have hired workers, built plants, signed contracts, and announced dividends. A finding that a corporate defendant has committed a tort does not change the fact that the defendant's business is legal.