California, United States of America
The following excerpt is from Mitchell v. Superior Court, 265 Cal.Rptr. 144, 49 Cal.3d 1230, 783 P.2d 731 (Cal. 1989):
8 Contrary to the People's suggestion, the sanctions imposed here were not remedial, but punitive. Petitioners were sentenced to a substantial fine and six months in jail. Under the contempt order they could not avoid these penalties, no performance on their part would purge the contempt, and the fines were not calculated to compensate for actual injury to the state or public. Although it could be expected that the judgment would encourage petitioners to comply with the injunction in the future, because the punishment arose from past acts and could not be modified by future behavior, the primary purpose was punitive, rather than remedial. (Hicks on Behalf of Feiock v. Feiock (1988) 485 U.S. 624, ---- - ----, 108 S.Ct. 1423, 1429-1431, 99 L.Ed.2d 721 [discussing distinction between punitive and remedial sanctions]; People v. Lombardo (1975) 50 Cal.App.3d 849, 852-854, 123 Cal.Rptr. 755.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.