| The concept of punishment makes a major | | | | to the standard insurance purchased for business, |
| distinction between criminal law and civil law. While | | | | homeowners and vehicle. However, the defendant |
| in civil law there is no prosecution per se; rather a | | | | may not be able to purchase the same to make |
| reimbursement to the plaintiff by the losing | | | | payments for his/her offense under Criminal Law. |
| defendant, in criminal law a guilty defendant is | | | | If the defendant is ordered to pay for damages |
| punished by imprisonment, fines, or the death | | | | and he/she does not have assets or insurance or |
| penalty. In criminal law, maximum sentences on | | | | has hidden the assets carefully, the plaintiff will |
| felonies could go to up to a jail term of one year | | | | receive nothing in damages. Therefore, large |
| and for misdemeanors a maximum sentence of | | | | claims awarded to plaintiffs for damages are |
| less than one year. A civil case conducted under | | | | often a waste of time. |
| tort law can lead to punitive damages if the | | | | The outcome of a case is considered effective to |
| defendant's conduct is proved to have intentions | | | | an extend where punishment may not necessarily |
| for malicious action (cause harm), negligence, willful | | | | transform a criminal found guilty under either |
| disregard to other people's rights. | | | | criminal law or civil law or stop them from |
| Compensation for the Plaintiff under Criminal Law | | | | committing the same act again. As rational as |
| These damages are usually significant in torts that | | | | human-beings are thought to be, criminals are |
| involve such cases as privacy invasion, which may | | | | thought to be irrational and it is not considered |
| involve a dignitary; and civil rights in cases where | | | | that they will be caught a second or third time; |
| the injury or harm done when translated to | | | | hence, continuous offense without consideration |
| monetary form is minimal or negligible. Punitive | | | | of possible punishment. However, denial of |
| damages are usually intended to teach the public a | | | | criminals' movement rights by enclosing them in |
| lesson through the defendant so that the same | | | | prison for a certain period of time may be seen |
| act may not be repeated. However, these | | | | as a much more effective punishment. Therefore, |
| damages are never awarded under contract law | | | | criminal proceeding under criminal law is seen to |
| where there is a previous contract or agreement | | | | have more serious impact than under civil law. |
| involved beforehand. | | | | People tend to choose the loss of freedom rather |
| Tort claims can be paid through insurance that is | | | | than the payment of heavy fines that may not |
| purchased specifically to pay damages and also to | | | | necessarily be available to the defendants. |
| cover the attorney's fees. This insurance is similar | | | | |