I'm curious; If my cousin was awarded for tort of battery and assault by her boyfriend does that mean her boyfriend must overcome a presumption that he committed the alleged crime in a later criminal proceeding?
2007-02-04 19:29:21 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You are always presumed innocent in a criminal trial. Usually, but not always, the results from civil trials are not allowed in the criminal proceeding.
In civil cases the criminal proceeding is always admissible.
Update:
misspipik- You are an idiot. You're response indicates that you do not even know what the question is about. If you do not understand the rules of evidence and the standards of admissibility you should not answer questions involving them.
sarina- You can listen to whomever you want but there are two correct responses here and one that is totally uninformed.
...So far.
2007-02-04 19:35:59 · answer #1 · answered by C B 6 · 0⤊ 0⤋
No. The burden of proof in a civil proceeding is "upon the preponderance of the evidence." Put simply, it is only more likely that he did than that he did not commit the tort.
In a criminal case, the burden of proof is "beyond a reasonable doubt" which is more strict. Also, the rules for criminal evidence are more strict than in civil cases; things that were allowed to be heard in the civil case may not be allowed in criminal court.
2007-02-04 19:34:47 · answer #2 · answered by Citicop 7 · 0⤊ 0⤋
legal question back at you. what does preponderance mean? citicop and c b are idiots. you make a statement and it can be used against you in court...you make a statement under oath under penalty of perjury in a civil court it will always be used against you in a criminal court. if it is true it is true. if it is false you committed a felony.
2007-02-05 03:06:23 · answer #3 · answered by Anonymous · 0⤊ 1⤋