shocks the conscience

“Shocks the conscience” refers to situations that seem grossly unjust to the observer. Courts often use this phrase as a test to determine which situations are so unjust or wrong that the court must intervene. If some event shocks the conscience of the court, the court will look for some remedy to fix the problem.

The “shock the conscience” standard is often used by appellate courts to measure the alleged excessiveness of a jury’s verdict in an action for damages based on state law. In general, courts would not disturb an award unless the amount was so exorbitant that it “shocked the conscience of the court.” In Gasperini v. Center for Humanities, Inc. , 518 U.S. 415 (1996), the Supreme Court reviewed the move from “shocks the conscience” to “ deviates materially ” standard in New York State. While “deviates materially” standard calls for closer surveillance than “shocks the conscience” oversight, both standards would require the appellate court to refer to analogous cases. The “deviates materially” standard influences outcomes by tightening the range of tolerable awards, while the “shocks the conscience” takes a more holistic approach.

[Last updated in June of 2024 by the Wex Definitions Team ]

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