66.760 Reprehensibility; Amplified

66.760 Reprehensibility; Amplified (Note: Because State Farm suggests that reprehensibility is the most significant issue in determining the reasonableness of a punitive verdict, the charge below amplifies that issue. Charge 66.750, however, may suffice.) In making your award, you should consider the degree of reprehensibility of the defendant's wrongdoing. You should consider all the evidence, both aggravating and mitigating, to decide how much punishment the defendant's conduct deserves. In assessing reprehensibility, you may consider whether a. the harm caused was physical, as opposed to economic; b. the conduct showed an indifference to or a reckless disregard of the health or safety of others; c. the target of the conduct had financial vulnerability; d. the conduct involved repeated actions or was an isolated incident; e. the harm was the result of intentional malice, trickery, or deceit (or mere accident) (the term "accident" is from the State Farm opinion and may conflict with Georgia law; consider substituting "or was merely a consequence not specifically intended"). State Farm Mutual Automobile Insurance Company v. Campbell, 538 US 408 (2003) (Note: In addition to reprehensibility, State Farm also identifies two other main concerns. The committee can suggest no pattern charge on the other two broad State Farm issues. Proportionality is marginally addressed by section number 5 of 66.750 and the conclusion in 66.780. There are simply too many variables and unanswered questions for this issue to be addressed by a pattern charge. The supreme court declined to adopt a "bright line ratio" and conceded that there is no rigid benchmark. Without more guidance, the use of the word "proportional" in a charge may provoke or raise more questions than it answers. The issue can perhaps best be addressed if the parties stipulate a proportion range, as suggested. "Penalty comparison" is marginally addressed in charge 66.750. It is not clear how the issue will be presented in evidence to a jury. The trial judge, nevertheless, may be called upon to draft a charge on these issues.)