Paper Summary:

This paper takes a look at the issue of a civil wrong versus crime. According to the paper, a civil wrong is also referred to as a tort, which is covered by the tort law, a branch of civil law. The paper further reports that a crime is the violation of a public law and covered by criminal law.

From the Paper:

"In the case of Bill and Joe, Bill's action fulfills all the four elements required to prove a criminal threat. If Bill became successful with his threat, he could have killed or severely injured Joe with the bat. His words conveyed his intent to kill Joe. The intent was clear and complete from his utterance. The threat was fatal. Second, Bill's utterance expressed a specific intent to kill Joe and that he meant Joe to receive it as such. Bill may or may not have been able to carry his threat out, but his intent was clear and complete from his very statement. Third, the context and circumstances in which Bill made the threatening statement also convey the same fatal intent. Bill had been giving Joe a hard time about the latter's tardiness for several days. Bill could have taken suspected that Joe intentionally retaliated when Joe accidentally hit him with a ball. And fourth, the verbalized threat was unmistakably clear, unconditional, immediate and specific. The words were precise and to the point. They sounded immediate, as Bill already held the bat in his hand and charged at Joe. The threat of death or grave bodily hard was specific upon Joe. Bill's clear words and the act of charging Joe and with the bat in hand also presented the factor of immediacy. The weapon was present and visible and accompanied the verbal threat. Bill need or need not demonstrate the immediate ability to carry out his threat. But the words he used were of an immediately threatening nature and conveyed the immediate performance of the fatal or serious threat. Bill's verbal threat and act of charging Joe with a bat were enough to evoke sustained fear in Joe. The conditions were enough to prove a criminal threat against Bill."

Sample of Sources Used:

• Coleman, J. (2003). Theories of Tort Law. Stanford Encyclopedia of Philosophy. http://plato_Stanford_edu/entires/tort-theories
• Cooley, S. (2001). Stalking and Criminal Threats. California Penal Code 422. Los Angeles County District Attorney's Office. http://da.co.la.ca.us/pdf/stalking.pdf
• Collins, K. M. (2002). Negligent Homicide/Involuntary Manslaughter. International Encyclopedia of Justice Studies. http://www.iejp.com/Law/Criminal_Law/Negligent_Homicide-Manslaughter.htm

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