In State Farm Mutual v.Campbell,the court laid out a three part analysis for determining the constitutionality of a statute regulating punitive damages.Which of the following is not one of the three criteria specified by the court?

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The court did not specify whether the harm resulted from a criminal act or a civil act as one of the criteria for determining the constitutionality of a statute regulating punitive damages. The three criteria specified by the court are the degree of reprehensibility of the defendant's misconduct, the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award, and the difference between the punitive damages awarded and the civil penalties authorized or imposed in similar or comparable cases.

In State Farm Mutual V