Wednesday, December 11, 2019
Law Civil Wrongs and Criminal Offenses
Question: How Does the Law Distinguish Between Civil Wrongs and Criminal Offenses? Answer: Speaking in general terms, it can be said that crime is something that involves condemnation from the community and the State prescribes the punishment in the case of a crime. While on the other hand, in the case of a civil wrong, the wrong is committed against a particular individual who in turn knocks the doors of justice and brings about a civil action asking for compensation for his losses. And it is also against the repayments that are due to him for the wrongs committed against him (Hobartlegal.org.au, 2016). In a legal aspect, prosecution for all crimes is brought by the State, though, in certain instances, private criminal prosecutions take place the number being very low. As far as civil wrongs are in question, the prosecution is necessarily brought about by the person who is affected or who has suffered some harm because of the alleged commission of the civil wrong. A person who is at a loss in a crime holds rights against the accused or the wrongdoer to claim for compensation or losses that he has undergone because of the acts were done against him (Gibson, Beauchamp and Shailer, 2008). However, in most of the instances, initiating a civil suit for recovery of those damages in crimes turns out to be futile, and no recoveries are possible thereon. The victims of crimes often receive criminal injuries compensation wherever a criminal conduct is proved against him thereon it becomes apparent that the offender holds on to no means through which he can satisfy the civil judgments that are initiated against him. There are caps on this (Chambers, Dawkins and King, 2013). The maximum compensation that is available is $30,000 when the matter is for a single offense, and the amount exceeds to $50,000 where there is more than one offense in concern. However, compensation on these terms is not available for any civil wrong. References Chambers, R., Dawkins, K. and King, G. (2013).Criminal law. [Wellington, N.Z.]: Continuing Legal Education, New Zealand Law Society. Gibson, A., Beauchamp, T. and Shailer, G. (2008).Business law and ethics. Sydney: Pearson Education Australia. Hobartlegal.org.au. (2016).Crimes vs Civil Wrongs | Hobart Community Legal Service. [online] Available at: https://www.hobartlegal.org.au/tasmanian-law-handbook/crime/criminal-process/crimes-vs-civil-wrongs [Accessed 17 Oct. 2016].
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