Introduction
Tort law is a body of law that provides rules for the civil liability of people and corporations for harm caused by their activities. The tort system was developed in Europe during the late Middle Ages when it became increasingly common for merchants to travel across national borders, thus inviting potential legal disputes between nations (Kysar 60). For example, suppose a foreigner caused injury to another country’s citizens (or animals) while traveling abroad, that country could bring suit against the citizen. Causing them injury outside their borders leads to a court ruling that would award monetary compensation for the injury. Tort law comes in many forms and covers actions such as assault and battery, negligence, intentional infliction of emotional distress, product liability, and other torts. This paper defines what tort law is, the different types of tort cases, the differences between tort and criminal law, and the type of liability apart from tort cases that criminal justice personnel is likely to encounter.
Differences between Tort Law and Criminal Law
Criminal law is a branch of law that describes specific crimes and their punishments. Its definition varies between countries; however, it can generally be viewed as a set of injunctions designed to keep society orderly by constraining or punishing criminal behavior (Witte 280). The two fields have many similarities: both require proof, impose social costs on convicted people, and have a public policy dimension. However, they differ in several ways that affect how tort law works and criminal justice systems operate. The criminal justice system is designed to punish the guilty, while the tort law is designed to protect the innocent.
Burden of Proof
In tort law, the burden of proof is a question of fact, whereas, in criminal law, it is a question of law. In civil cases, the plaintiff must show that the defendant has committed an act or omission that is wrongful and has caused him harm. The defendant must prove that he did not commit wrongful acts or omissions. In criminal cases, however, the prosecution is responsible for proving all details of the crime beyond a reasonable doubt (Hopwood). It means that the prosecution must convince all jury members that it is highly probable that the defendant committed the crime.
Punishment
Unlike criminal law, which imposes a prison sentence, a fine, or both as punishment if found guilty, tort law requires the defendant, if he loses, to pay the plaintiff the amount of loss as determined by the judge. A person found guilty of a crime may not be liable to pay monetary compensation for damages caused by his actions. In tort cases, however, a person may be liable for such damages if he has acted negligently or recklessly.
Case
One plaintiff makes a complaint against the defendant to start a civil proceeding. In civil cases, the plaintiff requests the court to compel the defendant to right a wrong by providing the plaintiff with compensation, frequently in the form of money. However, in criminal law, the state files the case represented by a prosecutor against a defendant. A party may report a crime, but only the state has the jurisdiction to bring criminal charges in court against the suspects. The cases have two categories of severity: felonies and misdemeanors.
Types of Tort Cases
Negligence
Negligence is when a person fails to exercise ordinary care and does something that causes injury or damage to another person (Ross 26). In other words, the injury was unintended, yet it occurred in a circumstance where the law recognizes a duty to make it right or a breach of duty owed to another. In some cases, negligence can be shown when a party has failed to do something that one reasonably expects.
Intentional Torts
It is a conventional tort case where the plaintiff seeks compensation for physical or emotional harm caused by someone else’s deliberate wrongful acts. They are caused by individuals who knew or should have known that their actions would cause harm but decided to act in such a manner. Intentional torts include physical assault, battery, trespass, slander, or invasion of privacy, like taking people’s pictures without their consent.
Strict Liability
If someone is injured and a defective product causes it, several individuals can be held responsible, depending on where the defect occurred. One is also strictly liable for damages caused by both domestic and wild animals they keep. The criminal justice personnel is likely to experience liabilities apart from tort claims related to the liability arising from the acts of their employees. A criminal justice agency’s liability will generally arise from claims against an employee who has caused harm to another person or has committed a criminal offense while in their employment (Ross 27). Liability for failure to train is primarily because state law creates an affirmative duty to train. In administrative and supervisory liability, administrators and supervisors are likely liable for any employee action that allegedly deprives an individual of a protected right. Criminal justice personnel sometimes experience such civil liability cases as every human in their line of duty is bound to make professional mistakes, whether intentionally or unintentionally, that may cause damages.
Conclusion
The importance of civil liability in criminal law cannot be overlooked, for it ensures that the state is held responsible for failing to provide the accused with a fair trial by law. Civil liability protects an individual, while tort laws are for personal and public injuries. Still, the point remains that these two areas are very different. They serve entirely different objectives and create completely different types of damage. Often there will be overlapping civil liability rules that govern tort and criminal law cases.
Works Cited
Hopwood, Shon. “Clarity in Criminal Law.” SSRN, 2016.
Kysar, Douglas A. “The Public Life of Private Law: Tort Law as A Risk Regulation Mechanism.” European Journal of Risk Regulation, vol. 9, no. 1, 2018, pp. 48-65. Cambridge University Press (CUP).
Ross, Darrell L. Civil Liability in Criminal Justice. 7th ed., Routledge, 2018, pp. 50-70.
Witte, John. “The Uses of Law for the Formation of Character: A Classic Protestant Doctrine for Late-Modern Liberal Societies.” The Impact of Religion, 2020, 261-283. Leipzig: Evangelische Verlagsanstalt.