Understanding the Difference between Torts and Crimes
For the betterment of a society, there are certain laws, rules and regulation that have been
passed by governments in order to protect the citizens. These laws target various crimes and
harmful activities for the larger interest of the society. Certain acts, despite being harmful may
not be termed as crimes and may fall into the category of torts which may either be intentional or
unintentional. The law treats crimes and torts separately and hence it is important to understand
these differences.
Torte
A torte is essentially defined as a wrongful act which causes harm to another individual
or to his property. Unlike crimes, torts are treated in civil court proceedings where the victim,
also called the “plaintiff” accuses the defendant for a certain act. The defendant is responsible for
initially pressing the charges. In cases where the defendant is unable to prove his innocence and
loses, consequent payment to the damages has to be ensured in favor of the plaintiff.
Crime
A crime on the other hand is a harmful or wrong activity that has already been specified
or identified by the government or a federal body. A criminal case will not proceed in a civil
court but will in fact be treated as a criminal proceeding. Just like torts, the accused is also
termed as the defendant but the plaintiff in this case may either be an individual, the state or any
other government entity. Criminal law attempts to bring charges under the name of the State or
the government and in cases where the defendant loses, a sentence must be served. The same is
also followed by a fine that is to be paid to the government.
Consent of Victim
It is worth highlighting here that violations of criminal laws are prosecuted without the
consent of the victim and the same is viewed as both unnecessary and insufficient for the
process. In contrast, Tort law prosecution depends on whether the victim wishes to claim a tort.
His choice is purely upon his/her will and the same is the exercise of this power.
Prerequisites
A torte law will most definitely require damage or harm to the individual or his/her
property as a prerequisite to the tort being claimed. In criminal law however, there are no such
prerequisites. A criminal law will not only punish crimes against individual but also those acts
that are dangerous and harmful but have not yet caused any damage. An act may even be
classified asa crime if it is considered to be immoral by the society irrespective of its harmful
nature or not.