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Home » Criminal Law » How to distinguish between a crime and a tort

How to distinguish between a crime and a tort

By Jalery | Sun, May 11, 2008

Filed in Criminal Law

First, you must understand that crimes and torts are breaches of the law. They are different because a crime is punishable by the state, whereas as a tort has individual consequences and the injured person has a right to action. In the introduction, Donna committed two wrongs. Distributing the firecrackers was a crime because it breached the prohibition established by the city. Injuring the teenager was a tort for which he may obtain monetary gains for medical injuries. As a spectator, the teenager had the right to be safe from the negligent acts of others.
Step2
The seriousness of a crime determines its classification as a felony or a misdemeanor. 1) A felony are the most serious crimes and can result in federal or state prison time and a fine. Some examples of felonies include: embezzlement, robbery, kidnapping, murder and forgery. Class A felonies carry the greatest sentence, resulting in up to 10-99 years if the crime was committed without a firearm and 20-99 years with a firearm.
2) A misdemeanor is a crime of a less serious nature. They cannot result in commitment to a state prison. Instead, time in a county or city jail may be served and a fine may be issued. Some examples of a misdemeanor include: drunkenness, and excessive speeding.
Step3
Torts can be deliberately or unintentionally committed. A tort is infringement of private rights, especially the right to be safe from the harmful acts of others. Some torts include: harassment (verbal and nonverbal), battery(unlawful physical treatment),trespass( unlawful interference on property),and defamation(untrue gossip to ruin the reputation).
Step4
Any person who is able to distinguish between the difference between right and wrong can be held responsible for committing a crime. However, ALL PERSONS no matter the age can be held liable for torts.


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