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Difference between revisions of "Family Violence"
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That explanation of the difference between tort law and criminal law was a bit technical. Another way of looking at it is through the example of O.J. Simpson. If you recall, O.J. was tried twice for the same basic issue. First, he was criminally tried for an alleged murder. Second, the family of the victim sued him in civil court for the alleged wrongful death of the victim or something to that effect. | That explanation of the difference between tort law and criminal law was a bit technical. Another way of looking at it is through the example of O.J. Simpson. If you recall, O.J. was tried twice for the same basic issue. First, he was criminally tried for an alleged murder. Second, the family of the victim sued him in civil court for the alleged wrongful death of the victim or something to that effect. | ||
Essentially, the criminal trial was because of O.J.'s alleged crime of killing someone contrary to the the criminal law (his alleged crime against the state) and the civil trial was because of his alleged tort offence against the family of the victim (his wrong against the family). The important point here is that the one thing O.J. was alleged to have done gave rise to both the criminal charges and the family's tort claim: two separate court proceedings, one in criminal court and one in civil court. If you are punched by someone, for example, that person's conduct may result in both: | Essentially, the criminal trial was because of O.J.'s alleged crime of killing someone contrary to the the criminal law (his alleged crime against the state) and the civil trial was because of his alleged tort offence against the family of the victim (his wrong against the family). The important point here is that the one thing O.J. was alleged to have done gave rise to both the criminal charges and the family's tort claim: two separate court proceedings, one in criminal court and one in civil court. | ||
If you are punched by someone, for example, that person's conduct may result in both: | |||
#a criminal prosecution, for a breach of the criminal law that makes it an offence to intentionally cause an injury to someone else, and | #a criminal prosecution, for a breach of the criminal law that makes it an offence to intentionally cause an injury to someone else, and | ||
#a civil court proceeding, for a breach of the civil duty not to harm someone else, which may give you a cause of action in tort and allow you to sue the person who hit you for damages . | #a civil court proceeding, for a breach of the civil duty not to harm someone else, which may give you a cause of action in tort and allow you to sue the person who hit you for damages. | ||
The criminal law punishes someone found guilty of breaching the laws of the land by imposing fines, a jail sentence, both a fine and a jail sentence, or by imposing terms or conditions on the guilty person's conduct, like a restraining order or a peace bond. | The criminal law punishes someone who is found guilty of breaching the laws of the land by imposing fines, a jail sentence, both a fine and a jail sentence, or by imposing terms or conditions on the guilty person's conduct, like a restraining order or a peace bond. | ||
The goal of civil law, however, isn't to punish someone who has breached a duty owed to someone else | The goal of civil law, however, isn't to punish someone who has breached a duty owed to someone else; the goal is to compensate the person who suffered the harm for the harm he or she suffered. Normally, this takes the form of damages, a financial award intended to account for things like pain and suffering, lost wages, rehabilitation and medical costs and so forth. Damages are an attempt to provide monetary compensation for the harm suffered as a result of the wrongful act. | ||
==The ''Criminal Code''== | ==The ''Criminal Code''== | ||