The difference between a crime and a tort is .

 

CRIME

A person convicted of a crime (in a criminal court trial) can be punished by a fine and/or a term of imprisonment - or, in the case of some "capital" crimes, executed.

This "punishment" is by the government - as the representative of "the people."

The required standard of proof for a crime is high - beyond a reasonable doubt (or as high as 99% of the evidence presented to the jury - depending on any one juror’s personal, individual interpretation of "reasonable doubt").

 

TORT

A person found liable for a tort in a CIVIL court trial can be required to pay to the injured party (or parties) actual and punitive damages. This is an award that goes directly to the injured party or parties themselves - (not a fine - which goes into the state’s - that is - into the peoples’ treasury).

And - the required standard of proof for most torts is much lower - by a preponderance of the evidence (or -- anything over 50% - or just slightly more than half).

This "award" is meant to be restitution or reparation and goes to the injured parties themselves for their losses suffered due to the accused defendant’s ACT when found liable in a CIVIL court.

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For example . . . O J Simpson was found not guilty of a crime in the criminal court trial -but was found liable for those same acts in the civil court trial; and - that civil court action was based on a tort (wrongful death) - not a crime (murder).

Further . . with that "liable" verdict in the civil court trial, O J is now being required by that jury to pay to the injured parties themselves (Ron Goldman’s family and Nicole Brown Simpson’s two children) both "actual" and "punitive" damages for their respective losses . . . . . . (loss of love, care, companionship, nurturing, etc.) . . . . . . . . .because that jury found O J was responsible (liable) for their losses.

This is different in "the law" from being found guilty of the crime of murder - - - in which the PEOPLE of the state (collectively) demand a punishment. That punishment does not, however, provide any restitution or reparations or compensation for any person’s losses which resulted from that person’s act. It only punishes and gives to the injured parties only a possible emotional satisfaction - - - e.g., of possibly seeing "justice" done.

Also, a person cannot be sent to prison by a civil court jury on the basis of being found liable for a tort . . . only on the basis of being found guilty of a crime in a criminal court by that criminal court’s jury.

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IT’S TIME FOR CITIZEN ACTION!
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CALL, A Basic Right, An Opinion, A Survey, and A Petition for your study and use.
Comments and suggestions will be welcomed. If you would like a hard copy, e-mail me and I will send you one. lawethic@tripod.net
NOTE: NO funds are being requested. We ask only that you USE the attached petition, and further - - -that you mail a copy (copies) to:
CALL, PO Box 9024, Berkeley, CA 94709-0024
when mailing it to your senators and representatives in Washington, DC.

SUCH A UNITED EFFORT IS IMPORTANT
to hope to achieve a meaningful result.