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Is It Possible To Get Non-monetary Judgement In Civil Cases?

Criminal Law Discussion Forum

Is It Possible To Get Non-monetary Judgement In Civil Cases?

Postby Claeg » Wed Jun 25, 2014 9:50 am

Hi, Hypothetical Scenario: Suppose A beats up B, so much that B takes 6 months physical recovery and 1 year psychological recovery. During this time he has felt pain, which cannot be explained, both  mentally and physically. There are mental scars and people will remember that once he was beaten up by A, and they will humiliate him time and time again. Now, isnt it ethical, fair and justice, that B personally beats up A, the same way A did. Then that will be justice and they would be even. My is: 1. In criminal or civil cases, why cannot be someone beaten up or punished the according to the damage inflicted as practiced in ancient cultures?Does not the law care about people's feelings, or are they too much concerned to keep order, while suppressing emotions and humanity?

2.  Why in civil cases only there is money given as judgement? Are there any ways to get justice in civil cases other than money? e.g. by putting someone in house arrest, or making them clean the road for e.g--(just saying that is.)
Claeg
 
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Is It Possible To Get Non-monetary Judgement In Civil Cases?

Postby Loring » Sat Jul 05, 2014 11:59 pm

Rim,

The law is not meant to enhance or suppress emotions or humanity, however, it is designed to compensate for losses.  The law in most countries allows for monetary judgments which include pain and suffering as well as compensation for emotional distress.  Many jurisdictions also allow for punitive damages which are meant to punish bad behavior and send a message to the community that intentional conduct will not be tolerated.  

Civil law is not designed for retribution as is an element of criminal law.  This is why house arrest is not a civil alternative.  However, part of civil law can include injunctive relief which prevents future conduct and allows for a criminal penalty if there is a violation.  

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.
Loring
 
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