Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Crimes Torts
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
defendant's right to a jury trial yes (6th Amendment) only sometimes (7th Amendment)
deadline on action statute of limitations laches; equitable estoppel; sometimes a statute of limitations
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
effect of victim consent, forgiveness, condonation consent rarely a defense consent always a defense
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