TORT VS CRIME

Crimes immediate purpose balance of defendant's wrong and victim's injury theory of offense initiating party verb/noun defendant's right to a jury trial defendant's right to counsel deadline on action category of responsibility standard of proof judge may direct a verdict of guilty fate of convicted defendant fate of victim permissible appeals defendant's testimony affirmative defenses effect of victim consent, forgiveness, condonation general domain of law form of law primary lawmaker accountability of lawmaker role of precedent availability, prior notice, promulgation of law retroactivity of law punishment of criminal emphasis on defendant's moral wrong, not victim's injury offense to all society; public interest the state, "the people", represented by prosecutor try/trial, or prosecute/prosecution yes (6th Amendment) yes statute of limitations guilt "beyond a reasonable doubt" no suffers punishment (fine, imprisonment, death) ignored by defendant only (state barred by double jeopardy) may not be compelled (privilege against self-incrimination) excuse, justification consent rarely a defense criminal statute (mostly) legislature elected only for interpreting statute always written; clarity and prior notice important no ex post facto; usually no "common law crimes" compensation of victim emphasis on victim's injury, not defendant's moral wrong only victim injured; private interest only the victim, plaintiff sue/suit only sometimes (7th Amendment) no laches; equitable estoppel; sometimes a statute of limitations liability "by a preponderance of the evidence" yes pays compensatory damages, sometimes punitive damages; sometimes is enjoined compensated by defendant or plaintiff may be compelled immunity, consent, privilege (and others) consent always a defense civil case law, common law (mostly) court usually appointed, sometimes for life for substance unwritten except as cases after the fact may be ex post facto Torts