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TORT VS CRIME

Crimes Torts

immediate purpose punishment of criminal compensation of victim

balance of defendant's wrong and victim's injury emphasis on defendant's moral wrong, not victim's injury emphasis on victim's injury, not defendant's moral wrong

theory of offense offense to all society; public interest only victim injured; private interest only

initiating party the state, "the people", represented by prosecutor the victim, plaintiff

verb/noun try/trial, or prosecute/prosecution sue/suit

defendant's right to a jury trial yes (6th Amendment) only sometimes (7th Amendment)

defendant's right to counsel yes no

deadline on action statute of limitations laches; equitable estoppel; sometimes a statute of limitations

category of responsibility guilt liability

standard of proof "beyond a reasonable doubt" "by a preponderance of the evidence"

judge may direct a verdict of guilty no yes

pays compensatory damages, sometimes punitive damages;


fate of convicted defendant suffers punishment (fine, imprisonment, death)
sometimes is enjoined

fate of victim ignored compensated

permissible appeals by defendant only (state barred by double jeopardy) by defendant or plaintiff

defendant's testimony may not be compelled (privilege against self-incrimination) may be compelled

affirmative defenses excuse, justification immunity, consent, privilege (and others)

effect of victim consent, forgiveness, condonation consent rarely a defense consent always a defense

general domain of law criminal civil

form of law statute (mostly) case law, common law (mostly)

primary lawmaker legislature court

accountability of lawmaker elected usually appointed, sometimes for life

role of precedent only for interpreting statute for substance

availability, prior notice, promulgation of law always written; clarity and prior notice important unwritten except as cases after the fact

retroactivity of law no ex post facto; usually no "common law crimes" may be ex post facto

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