Introduction
Crime refers to wrong actions that cause injury to people or cause interference of their lives. However, these actions that interfere with other people lives cannot be classified only as a crime, but also as a tort. A tort is a wrongful action that causes injury or interferes with the other person life or property.
In the Pahler case, the court did not use the same reasoning used in Bailey vs. Eminem case. Pahler committed a crime by shooting and murdering actress Lana Clarkson. Crime can be defined as, wrongful act identified by a state as a crime, leading to hearing criminal case in the court (Rogers, 57). Lana Clarkson was the victim and the defendant was Spector, therefore because Spector committed a crime he was imprisoned with an option-paying fine to the government. The Bailey vs. Eminem case was a tort. Bailey; the plaintiff filed a suit against Eminem; the defendant, asking for compensation in monetary forms because the defendant used his name in vain. A tort may be defined as a civil case where the plaintiff brings in the charges, and if the defendant loses, he will have to pay plaintiff damages (Rogers, 58).
The court’s decision in the Pahler case cannot be the same with the case of Bailey vs. Eminem because the former involved the murder. Lana Clarkson was a victim of crime and would not have benefited if the defendant were found guilty. In addition, the state would not benefit if the defendant had no money or property to pay fine, rather, the defendant would be imprisoned to serve a sentence ((Rogers, 83). In the case of Bailey vs. Eminem, the plaintiff did not prove that he suffered injury or damage of property because of the defendant actions. This is the reason why the two cases cannot be ruled in the same way.
An artist cannot be held liable because of the action of their fans, rather if one of the fans commit a crime; the artist can be a witness for the state in the court, in the case against the fan. If the fan commits a tort, plaintiff will seek for civil proceedings in court and the fan will pay for the damage he caused, but not the artist.
Conclusion
Criminal law provides a mechanism of punishing criminals for a purpose of protecting citizens from wrongdoers (Rogers, 12). On the other hand, law of torts provides a mechanism of compensating victims of wrongful actions.
References
Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc.
References
Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc.
