By D. Hall
ISBN-10: 1111312729
ISBN-13: 9781111312725
Read or Download Criminal Law and Procedure [USA] PDF
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Extra resources for Criminal Law and Procedure [USA]
Example text
Extreme negligence, such as driving when drunk, that results in death or injuries can lead to both civil and criminal liabilities. The final type of tort is the strict liability tort. In these situations liability exists even though the tortfeasor acted with extreme caution and did not intend to cause harm. An example of a strict liability tort is blasting. Whenever a mining or demolition company uses blasting, it is liable for any injuries or damages it causes to property, even if the company exercises extreme caution.
Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. 10 Part I Criminal Law departments of investigation, state police departments, and local police departments. These and other enforcement agencies are responsible for investigating criminal conduct and for gathering evidence to prove that a criminal violation has occurred. When the law enforcement agency has completed its investigation, the case is turned over to a prosecutor.
Do not worry if the idea of punitive damages confuses you because it appears to be a criminal law concept. Such damages are penal in nature, and many lawyers argue that they should not be allowed because a person can end up punished twice—once when convicted and sentenced by a criminal court and again by a civil court if punitives are awarded. Yet punitive damages have been upheld in most instances by the Supreme Court. A note of caution: Do not get the concept of punitive damages mixed up with restitution or fines, which are discussed in the chapter on punishment.