Monday, June 9, 2014

Are the goals of tort law and criminal law the same?

The goals of these two types of laws are in some ways the
same, but they are not identical.


To understand this, let
us look at the four objectives of tort law as set out by West's Encyclopedia
of American Law
(see link below).  Tort law tries
to


  1. Compensate victims for the actions or
    inactions of others.

  2. Shift the cost of injuries to those
    who inflicted them.

  3. Discourage careless or risky
    behavior.

  4. Vindicate people's legal
    rights.

Of these, only #3 is really a goal of
criminal law.  For example, in a murder trial, the defendant, if found guilty, is not
made to pay the victim's family for what he or she has done.  There is no sense in which
the family is being compensated for the wrong done to them.  By contrast, the defendant
in a wrongful death tort suit would be assessed damages (if found
liable).


This shows that the goals are not exactly the
same.  Both seek to protect society by discouraging certain behaviors, but beyond that,
criminal law is more concerned with punishment while tort law is more concerned with
compensation.

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