2007-03-03 19:23:23 · 5 answers · asked by Mickey S 1 in Politics & Government ➔ Law & Ethics
Because a grand jury investigates CRIMINAL charges.... and a wrongful death charge is a CIVIL suit...
So... Suppose Mr. S killed his ex-wife, but was acquitted of criminal charges by finding of a jury. The family of the deceased could sue Mr. S in civil court, for the wrongful death of their daughter. Of course, it would not be for the purpose of punishing him by sending him to prison... it would be about money. He would be ordered to pay them monetary damages (cash... or proceeds from book sales) to compensate them for the loss of their daughter.
This is all possible because the burden of proof in a criminal trial is "beyond a reasonable doubt"... and the burden of proof in a civil trial is "by a preponderance of the evidence." (which just means there is more evidence that indicates he did it than there is that indicates he didn't do it.) He can't be sent to prison in a civil trial, but will be ordered to pay them for the loss of her life.
In cases where this happens... the criminal jury didn't feel there was proof beyond a reasonable doubt.. meaning overwhelming proof to the point you can't reasonably doubt he's guilty... but the civil jury or court felt there was more evidence that pointed to his guilt than his innocence.
2007-03-03 19:34:57 · answer #1 · answered by Amy S 6 · 0⤊ 0⤋
This question sounds like its related to an american case. The accused can't be retried in a criminal court after being deemed not responsible for the death but the civil court is a different situation. The accused is being sued civilly for what he shoulda done or not done that would have prevented the death.
Pull out the wallet.
2007-03-04 03:57:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Because being cleared by the grand jury of charges, still doesn't mean that you aren't liable. There are civil charges that can entered, which is usually for monetary damages.
2007-03-08 02:07:36 · answer #3 · answered by kallmetigger 4 · 0⤊ 0⤋
The first is a criminal issue while the second is a civil one.
2007-03-04 03:36:11 · answer #4 · answered by butch a 2 · 0⤊ 0⤋
because C) you did it and B) i can prove it and A) you have considerable assets to pay if you lose
2007-03-04 08:35:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋