Why Compensatory Damages Aren Enough: Deterrence, and Insurance Aren compensatory damages enough?
Not here – not by a longshot. Punitives are necessary to get the attention of the institution of the Church, and to force it to change its ways. Institutions are inherently static, and act out of self-preservation instincts. It takes a truly significant prod to move a criminal or tortious institution off its current position, and toward a position of social responsibility. And when an institution has been entrenched in its ways for many years (or centuries), that institution is going to be particularly adverse to change. The question that must be posed to any entity arguing – even as a policy matter — against punitive damages in clergy abuse cases is: How does it propose to deter this criminal, illegal, and antisocial behavior in the future? It is obvious that self-policing is inadequate to serve the public good. Incarcerating the pedophiles and the leadership that aided and abetted their behavior is likely to deter particular individuals (unless current, shockingly short statutes of
