Latest 2 Cases: United States v. Eason (Criminal Law), Kerrivan v. R.J. Reynolds Tobacco Co. (Personal Injury)

Is Retribution Worth the Cost?

SHERRY F. COLB

Cornell law professor Sherry F. Colb discusses the four purported goals of the criminal justice system—deterrence, incapacitation, retribution, and rehabilitation—and argues that retribution may preclude rehabilitation. Colb considers whether restorative justice—wherein a victim has a conversation with the offender and talks about what he did to her and why it was wrong—might better serve the rehabilitative purpose than long prison sentences do.

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The Other Epidemic

KATHRYN ROBB

Kathryn Robb, executive director of CHILD USAdvocacy, comments on a public-health crisis that is getting relatively less attention right now: the scourge of child sex abuse. To address this crisis, Robb calls for greater public awareness, stronger laws protecting children, and legislative action

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United States v. Eason

Dockets: 16-15413, 16-17796, 18-12848

Opinion Date: March 24, 2020

Judge: Jill Pryor

Areas of Law: Criminal Law

In consolidated criminal appeals, the Eleventh Circuit held that a conviction for Hobbs Act robbery does not qualify as a "crime of violence" under the Sentencing Guidelines, U.S.S.G. 4B1.2(a). The court agreed with its sister circuits and defendants, holding that because the offense can be committed by a threat to person or property, the statute is too broad to qualify as a crime of violence either under the elements clause or as an enumerated robbery or extortion offense. Therefore, Hobbs Act robbery cannot serve as a predicate for a career offender sentencing enhancement. Accordingly, the court vacated each defendant's sentence and remanded for further proceedings.

Kerrivan v. R.J. Reynolds Tobacco Co.

Docket: 18-13045

Opinion Date: March 24, 2020

Judge: Jill Pryor

Areas of Law: Personal Injury

The Tobacco Companies challenged the amount of damages a jury awarded to plaintiff for his intentional tort claims, and the sufficiency of the evidence to prove his fraudulent concealment and conspiracy to fraudulently conceal claims. The court held that the district court did not abuse its discretion by denying the Tobacco Companies' motion for a new trial or remittitur, because the compensatory damages award was not excessive under Florida law. The court also held that the district court correctly denied the Tobacco Companies' motion for judgment as a matter of law on the constitutionality of the punitive damages award, because the award was not constitutional excessive. Finally, the court held that the district court did not err by allowing plaintiff's fraud-based claims to go to the jury.