id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2409	Smith, N. Kent	Double Jeopardy and the Rule Against Punitive Damages of Taber v. Hutson	1980	26	.pdf	application/pdf	11683	490	57	In considering the propriety of an award of punitive damages in a civil action, the vast majority of courts have held that it is im- material that the defendant is also subject to criminal prosecution for the same act.^ Indiana, however, is a member of the small minor- ity of states which, at an early date, assumed a position contrary to the majority rule and held that when a defendant is sued for a tort which is also the subject of criminal prosecution, the rule that gives damages not only to recompense the plaintiff, but to punish the of- fender is not applicable.^ Despite recent vehement assaults,^ the Indiana courts have reluctantly continued to adhere to the archaic and frequently inequitable minority position. However, before engaging in any detailed analysis of the Taber rule, a brief description of the purpose and scope of punitive damages in general is appropriate.	cache/inlawrev-2409.pdf	txt/inlawrev-2409.txt