Our only disagreement seems to be semantics. > So the additional punishment is a way to correct that, to ensure that civil suits still function as deterrence

Our only disagreement seems to be semantics. > So the additional punishment is a way to correct that, to ensure that civil suits still function as deterrence That's exactly what I mean by elements of criminality. You're not just saying that you harmed someone and have to make them whole but also that you did something wrong and have to be punished so you won't do it again. It's a fine by another name.