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When compared with law of negligence, criminal law may not be suitable to deal with less serious matters. Deterrence and punishment are major objectives of criminal law. The law of negligence also seeks to deter persons’ careless behaviour, but in sharp contrast with law of negligence, criminal law inflicts fines as well as physical punishments such as imprisonment on the offenders. Therefore, sometimes it can be argued that the objectives of the law of negligence can better be achieved through criminal law, such as occupational health and safely laws. It is important to note that criminal law plays a vital role in every society, when it comes to more serious offences. But in relation to less serious issues, such as negligent behaviour or trespass, criminal law may not be a suitable option for a variety of reasons. Criminal actions are filed and maintained by the State at the expense of tax payers. Thus if the state intervenes whenever a person is affected by another’s inappropriate conduct, it will create a huge burden on the part of the State and the tax payers will have to bear the expenses. Rather, when a person’s rights and interests are threatened, it is that person who will be in the best position to take care of his rights and interests, by filing an action on his behalf. Another reason why torts should not be covered by criminal law is that when a person is prosecuted for an offence in a criminal court, that person may attempt to vigorously defend himself, for the fear of possible harsh consequences of losing the case. But in civil matters, since the dispute is always between two persons, they can enter into a settlement where it is possible, for the purpose of paying compensation and putting an end to the court proceedings. In criminal actions, the plaintiff has to prove his claims beyond reasonable doubt, which is an extremely high standard of proof and the plaintiff will have to eliminate every slight doubt as to who committed the alleged crime. But in a civil matter, the standard of proof is a balance of probabilities, which means it will be sufficient for the plaintiff to produce more reliable evidence than the defendant to prove the plaintiff’s claims. Therefore, when compared with law of negligence, criminal law may not be the most suitable avenue for protecting the interests of individuals who are affected by others’ negligent conduct.
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