This chapter is about people committing crimes—engaging in behavior that violates the criminal law—and how society responds to these criminal behaviors. Crimes are only one type of wrong. People can also violate civil law or commit a moral wrong and not be guilty of any crime whatsoever. So, what is the difference between a civil wrong, a criminal wrong, and a moral wrong?

4.3.1 Civil Wrongs

A civil wrong is a private wrong, and the injured party’s remedy is to sue the party who caused the wrong/injury for general damages (money). The plaintiff (the injured party) sues or brings a civil suit (files an action in court) against the defendant (the party that caused the harm). The primary purpose of a civil suit is to financially compensate the injured party. The plaintiff must convince or persuade the jury that it is more likely than not that the defendant caused the harm. This level of certainty or persuasion is known as preponderance of the evidence.

4.3.2 Criminal Wrongs

Criminal wrongs differ from civil or moral wrongs. Criminal wrongs are behaviors that harm society as a whole rather than one individual or entity specifically. When people violate the criminal law, there are generally sanctions that include incarceration and fines. A crime is an act, or a failure to act, that violates society’s rules. The government, on behalf of society, is the plaintiff. A criminal wrong can be committed in many ways by individuals, groups, or businesses against individuals, businesses, governments, or with no particular victim.

4.3.3 Moral Wrongs

Moral wrongs differ from criminal wrongs. “Moral (wrong) law attempts to perfect personal character, whereas criminal law, in general, is aimed at misbehavior that falls substantially below the norms of the community.” (Gardner, 1985). There are no codes or statutes governing violations of moral laws in the United States.

4.3.3.1 The Witness Exercise

Watch the 2015 Netflix documentary “The Witness” in which Bill Genovese re-examined what was said, heard, and reported about his sister, Kitty Genovese. This frequently cited example of a moral wrong involves the story of thirty-seven neighbors who purportedly did nothing when “Kitty” Genovese was stabbed to death outside their apartment building in New York City in 1964. There are many discrepancies about this story and what the neighbors knew or didn’t know and what they did or didn’t do. Still, the general belief is that they had at least a moral obligation to do something (for example, call the police), and by failing to do anything, they committed a moral wrong. Ultimately, none of the neighbors had any legal obligation to report the crime or intervene to help Ms. Genovese.