Torts and Crimes July, 2014 | Page 2

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.