O.J. Simpson was liable for the killings in a wrongful death lawsuit and was ordered to pay $33.5 million to the Goldman family. If hes found not guilty, then shouldnt he walk away free and clear of any other dangers? Heck, for $33.5 million, might as well find me guilty. I think this is even worse then being found guilty of murder.
2007-02-20 08:10:31 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
One was a criminal case, the other was a civil lawsuit. Different standards for the two.
2007-02-20 08:14:50 · answer #1 · answered by Mutt 7 · 3⤊ 1⤋
Murder is a criminal act. Wrongful death is a civil cause of action. The burden of proof on a murder charge is "beyond a reasonable doubt", which I think of as 99.9% sure the defendant committed the crime. The burden of proof standard in a civil case (the "wrongful death") is a preponderance of the evidence. That means it is more likely than not that he committed the wrongful death act. THIS IS NOT scientific, but I think of a preponderance of the evidence of 51% yes, he did it and 49% no, he didn't. You see, it all hangs on how much proof is needed. Much more proof is needed to convict someone of murder than to find against the same person in a wrongful death case. Clear as mud?
2007-02-20 08:41:29 · answer #2 · answered by David M 7 · 2⤊ 0⤋
The full explanation would take forever, but the most crucial factor is that one is a civil action and one is a criminal prosecution. In criminal court the burden of proof is much more difficult to meet. It is "beyond a reasonable doubt." In civil court, the burden is "by preponderance of the evidence or by clear and convincing evidence." So, the short answer is that wrongful death cases have a lesser burden of proof than a murder case.
2016-05-23 23:31:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In criminal court you have to be proven "guilty beyond a reasonable doubt" and in civil court you only have to be proven guilty "with a preponderance of the evidence"
2007-02-20 08:19:26 · answer #4 · answered by zebj25 6 · 2⤊ 1⤋
The trials are conducted differently, with different protocol. In the wrongful death case, different types of evidence are allowed that may further incriminate someone.
2007-02-20 08:16:05 · answer #5 · answered by Pfo 7 · 2⤊ 1⤋
Because in the Criminal Court is the State must prove that you are guilty; In the Civil Court is the accused the one that must prove to be innocent.
So in simple words, in a Criminal Court you are presumed to be innocent, but a in a Civil Court you are presumed to be guilty.
2007-02-20 08:17:38 · answer #6 · answered by Anonymous · 0⤊ 3⤋
You have to prove intent for murder charges.
You don't have to prove intent to for a wrongful death suit.
2007-02-20 09:27:01 · answer #7 · answered by Kilroy 4 · 1⤊ 0⤋