Ellingburg v. United States · ¶53

A single act could be both a private wrong and a public wrong. Id., at 5–6. “The same acts will generally constitute a private injury, as well as a public crime. A public punishment is inficted on the part of the state, to restrain such conduct, and the party injured is entitled to a compensation for the injury he has sustained.” 2 Z. Swift, System of the Laws of the State of Connecticut 292 (1796); accord, ibid. (“If one man assaults and beats another, he is punished by a fine for disturbing the peace, and compelled to compensate in money the person he has abused and wounded”). The private suit brought by the individual vindicated the private wrong, and the public prosecution brought by the sovereign vindicated the public wrong. This overlap carries forward to modern law: Theft can be redressed through a tort suit brought by the victim and a criminal prosecution brought by the State.

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