Re: Who's liable?

[Kelly Martin <kmartin () pyrzqxgl org>]

On Sat, Oct 13, 2001 at 08:10:21PM -0400, Doug Foster wrote:

> Is there such a thing as *criminal liability*?  I thought there was only
> *civil liability*.    Isn't the issue whether the site without logging is
> criminally responsible, AND/OR civily liable for damages?  I'm not a lawyer,
> if someone can clear this up, I'd appreciate it.

This amounts to picking nits about language.  Lawyers, despite their
reputed penchance for doing so, actually frequently intermingle
terminology.  "Criminally liable", "criminally culpable", and
"criminally responsible" all mean the same thing: that the individual
in question has actually committed a crime and, barring an complete
affirmative defense or other procedural or substantive bar to
prosecution, is entitled to be found guilty and subjected to
punishment.

Kelly

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