behavioral deterrents tortious liability or criminal punishment

This week we learned about two major areas of American (and, other jurisdictional) law: crimes and torts. Let us discuss.

What I am mainly interested in is whether you believe that malicious behaviors (e.g., hacking, cyberbullying, leaking data, etc.) could be best mitigated with either civil penalties, meaning monetary fines, or criminal penalties, meaning loss of freedom. We may all agree that it would be less desirable to go to prison for malicious acts online that it would be to pay a fine. Yet, what about the effectiveness of one approach over the other.

To earn full credit for this Discussion there are a few requirements:

  1. You must post one Initial Post with your response to the question of whether torts/civil remedies or criminal punishment would be the better deterrent.
  2. You must refer to some part of the chapter to support or explain your Initial Post, including the page number that the support or explanation comes from.
  3. You must post at least one Responsive Post to another student’s Initial Post.

Both your Initial and Responsive Posts must be posted before Sunday, March 31. Full credit will be 100 points in the Homework Assignment category of the overall course grade, that category representing 15% of the course grade.

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