how can a person or company be tried by a jury and found innoocent of any wrong doing, and then retried.?

Question

if you are found innocent in a trial by jury, an investigation finds you completely innocent of any wrong doing in the death of someone, and then you can be retried for wrongful death and found guilty. i do not understand

Answer 1

Because civil and criminal law have different rules on evidence. Criminal law requires that the proof show that the defendant must have been the perpetrator beyond any reasonable doubt. Civil law requires only that the defendent was most likely the perpetrator, and caused financial damage.

Answer 2

Corhanem's response is right. Let me add to it.

Remember OJ Simpson? His case is exactly an example of the situation you're describing.

He was tried and acquitted for murder under CRIMINAL law, which requires proof "beyond a reasonable doubt". Due to the constitutional protection against double jeopardy, he can never again be tried for the same crime.

But then, the family of one of the victims brought suit against him in a CIVIL trial for "wrongful death". Civil law requires proof "by a preponderance of the evidence" He lost the case, and was required to pay damages. It's not accurate to say he was found guilty, since guilt is a concept of criminal law, not civil law.

(You might do a Google or Yahoo search for "wrongful death" to see how it's different from murder. For example, see http://en.wikipedia.org/wiki/Wrongful_death_claim or http://legal-dictionary.thefreedictionary.com/wrongful+death.)

Both cases were jury trials.

Answer 3

Well, the ONLY way it can happen is exactly what happened with OJ Simpson. He had a criminal trial and was not found guilty of murder. However, upon a civil trial for Wrongful Death (which is a Tort action) he was found to be guilty and judged to pay civil damages (a few million $$$), which he hasn't paid. You can't be tried twice for the same criminal act. But, you can be tried a second time in civil court for it! (and vice versa).

Answer 4

You cant have a retrial because it would be double jeopordy. If someone harmed my family member and got away with it ,then there would surely be true justice.But the law should provide every victim that has suffered from someones negligence justice and award them with proper judgement.That is why you give the system a try first.If the justice system fails you and the corrupt people get away with their serious crime , than may God rest their souls.

Answer 5

If John and Mary die from using your product, and you are found innocent of John's death, you can still be tried for Mary's death.