What is the difference between a crime and a civil wrong?
The difference between a crime and a civil wrong is a major point of distinction in the legal system. Crimes are those offenses, punishable by fines or imprisonment, that are considered to be a wrong against society as a whole. White collar crimes in New Mexico, such as fraud and embezzlement, can incur punishment in the form of criminal fines, a prison sentence and restitution. Civil wrongs, on the other hand, are not criminal offenses. They are considered to be private wrongs against an individual or a group and are punishable by a civil damages award. Examples of civil wrongs include breach of contract, negligence, or the tort of libel. Generally speaking, criminal offenses require proof of intent, whereas civil wrongs do not. To prove a criminal offense, the state has to prove that the accused had a criminal intent. This means that the accused had to have acted with the purpose of committing a crime. Civil wrongs, however, do not require proof of intent. In a civil case it is sufficient to prove that an individual or a group has suffered damages due to the actions of the accused. In New Mexico, white collar crimes are considered to be criminal offenses and are punishable by fines or imprisonment. Civil wrongs, however, do not incur criminal punishment and are instead punishable by civil damages awards.
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