Problems for Chapter 18


I. Under our legal system, some cases are handled as civil offenses and some as criminal offenses.

A. Briefly explain the difference between the two systems.

B. Discuss arguments for the present division of offenses between criminal and civil. In other words, show why it is desirable that the sort of injuries presently classified as crimes should be so classified, and similarly for torts.

C. Discuss arguments against the present division.

II. What features of an offense might make criminal law more appropriate than tort law for controlling it? Explain.


III. Criminal law requires a higher standard of proof than civil law--beyond a reasonable doubt rather than by the preponderance of the evidence. Why?

IV. Give two examples of deterrence as a private good. At least one of them should be from the society you live in.