My nephew is taking U.S. Government in high school and WE are both confused about the difference between double Jeapardy and a Wrongful Death suit. As I looked at his notes from his teacher, it seems to me that a Wrongful Death suit is really another cheap way to try a case again. (Is there something that I am missing"? Does anyone want to take a shot at explaining this or am I simply pointing out a flaw in our legal system?)
2006-11-17 04:03:43 · 11 answers · asked by Andre L 1 in Politics & Government ➔ Law & Ethics
I'm in the UK but the basic principles are much the same.
Double Jeopardy means that you cannot be tried for exactly the same crime twice - particularly murder. For crimes such as this, a person must be found guilty "beyond reasonable doubt" (this is known as the "burden of proof").
For wrongful death, the burden of proof is lower because a wrongful death suit is a civil action (rather than a criminal prosecution). For civil actions the burden of proof merely requires that they be found guilty "on the balance of probabilities" - in other words an element of reasonable doubt is permitted.
Wrongful death actions often occur after a criminal murder trial has failed through lack of sufficient evidence to prove guilt even though there is a strong suspicion that the accused person is responsible for the death.
Incidentally, here in the UK there has recently been the first conviction under Double Jeopardy. The law was recently changed allowing a person to be tried a second time after having been found not guilty at their first trial. A second trial is now permitted if significant new evidence is brought forward which brings into question the verdict at the first trial. This is basically in response to advances in DNA and forensic science.
2006-11-17 04:06:20 · answer #1 · answered by Anonymous · 0⤊ 1⤋
there is a difference. Wrongful death suit would be tying to get some one out of jail or off death row. that person maybe released from the sentence but that does not mean he didn't do it. the lawyer in that case can and will only be able to prove with new evidence that their client was wrongfully accused.
Then double jeaardy is where the person is released from prison or death row because the person that is said to be murderd on a certain day was found to be murderd on a completely other day and that the accused was or can be proven that he is not involved. this usually applies to a person that is in jail or death row at the time of the original murder. Double jeapardy means that a person cant be tried for the same murder twice.
2006-11-17 12:16:01 · answer #2 · answered by joe pilot 2 · 0⤊ 0⤋
A wrongful death action is a civil suit; one citizen suing another. There does not have to be any law broken. You cannot be sent to jail as a result of a civil suit; you can only be assessed money damages.
Double jeopardy only applies to CRIMINAL prosecutions, in which the state or federal government "sues" a citizen for breaking a law. So you could be tried on criminal charges AND be sued in civil court for the same offense. But you could not be tried twice on the criminal charges if you were found not guilty the first time. Does that help?
2006-11-17 12:05:53 · answer #3 · answered by MOM KNOWS EVERYTHING 7 · 3⤊ 0⤋
Double Jeopardy refers to they cannot be retried criminally for the same crime. A Wrongful Death Suit is civil, it is a monetary settlement. In a criminal suit there must be a verdict made without a doubt, so you have to believe 100% that the person committed the crime to convict them. In a civil suit, you decide if you believe more than not, like I'm not 100% sure they did it, but I'm about 55% or 75% sure they did, then you can "find them guilty" civilly and the plaintiff can be awarded a monetary settlement.
2006-11-17 12:09:44 · answer #4 · answered by meggs4 3 · 0⤊ 0⤋
Double jeopardy involves a felony trial. If a person is acquitted of a crime at trial, they cannot be tried again for that same crime. A wrongful death suit is a civil trial that can result in monetary damages being given if the person is found responsible. The most famous example of this is O. J. Simpson who was acquitted in the criminal trial of murder yet lost the civil suit brought by Ron Goldman's family.
2006-11-17 12:17:11 · answer #5 · answered by SKYDOGSLIM 6 · 0⤊ 0⤋
Wrongful death suits are usually Civil, another way to get payment for someones death. Different evidence can be admitted in a civil trial.
Double jeopardy is where a person can't be tried in a criminal court for the same crime after being found not guilty.
2006-11-17 12:11:42 · answer #6 · answered by Cal 5 · 0⤊ 0⤋
Double Jeopardy protects an individual from being tried in a criminal court for the same crime more than once. A Wrongful Death suit is a civil action, and therefore not precluded under double jeopardy protections.
2006-11-17 12:06:45 · answer #7 · answered by Anonymous · 0⤊ 0⤋
That's an easy one.. Double Jeopardy is when you can not be tried and convicted of a crime once you have already had a trial and found innocent or guilty... such as OJ he was found not guilty and could never be tried again even if he were to admit it tomorrow - same goes for the other side, if a woman is tried and convicted for murdering her husband and she serves her time and later find out he's alive and kills him she cannot be tried and convicted for that murder since she already served her time for his murder...
Wrongful death lawsuit is a civil case and only has monetary damages, you are not convicted but are liable for damages.. such as OJ.. he was found not guilty of the murder of his wife and Ron Goldman, but was sued for wrongful death and was found to be liable and therefore had to pay out some cash. I don't know what the reasons were that he was considered liable but it could be as easy as the guy died in OJ's house because he didn't have security or something to that effect which would have made him liable for the guy's death- it's not saying he has a direct part in killing him but through his negligence, wrongful and/or intentional acts of OJ the guy died.
2006-11-17 12:29:52 · answer #8 · answered by katjha2005 5 · 0⤊ 0⤋
I thought wrongful death was a civil case, not criminal. Meaning the defendent must pay money vs. being imprisoned. Look at the OJ Simpson case. He was acquitted criminal but found guilty in the wrongful death and now owes money. Strange that one jury says innocent while another says guilty. Welcome to our justice system.... Now he can write a book about how he did it and still not be convicted.
2006-11-17 12:08:26 · answer #9 · answered by April0404 2 · 0⤊ 0⤋
i believe a wrongful death suit is a civil suit and not a criminal suit. case in point, OJ Simpson, i believe was sued for wrongful death by his wife's family.
2006-11-17 12:07:07 · answer #10 · answered by ericlexus69 2 · 0⤊ 0⤋