punitive

punishment as for a crime.

Relating to punishment; having the character of punishment or penalty ; inflicting punishment or a penalty.

— Punitive damages. See Damages.

— Punitive power. The power and authority of a state, or organized jural society, to inflict punishments upon those persons who have committed actions inherently evil and injurious to the public, or actions declared by the laws of that state to be sanctioned with punishments.

See Damages, Exemplary.

That which punishes; vindicatory. The only technical use of the word, of importance, is in connection with damages, when it signifies the same as exemplary (9. w.) or vindictive. Damages which the jury are allowed by the rules of law in most of the states to award in cases of aggravated wrongs are said to be called punitive damages, by way of distinction from pecuniary damages, and to characterize them as a punishment for the wrong done to the individual (Hendrickson v. Kingsbury, 21 Iowa, 379; s. P. Fry V. Bennett, 1 Ahi. Pr. 304), or because, although intended to operate as compensation, they are likely to be felt by defendant as a punishment (Bixby V. Dunlap, 56 N. H. 456); and not to import that they are intended as a punishment for the public offence which may be involved in the tort for which defendant is sued. The term punitive damages does not exclude the idea of damages for compensation; the damages are allowed as compensation for the loss sustained, but the jury are permitted to give exemplary damages, on account of the nature of the injury. Chiles v. Drake, 2 Mete. (Ky-) 146. Exemplary and punitive, applied to dam- Punitive, Tindiotive, and exemplary damages are, in legal contemplation, synonymous terms. Chiles v. Drake, 2 Mete. (Ky.) 146.