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If someone breaks into someone else's house and he either pleads guilty by way of an alfrod plea to criminal trespass(misdemenor) or goes to trial on the charge of burglary(felony). How would collateral estoppel effect the case? He did property damage and could be sued in civil court.

2007-06-09 13:20:57 · 3 answers · asked by hekdw 2 in Politics & Government Law & Ethics

3 answers

If he pleads guilty, it would seem you have grounds to move forward on the civil case. You aren't "relitiigating" in the court for the purpose of getting a different verdict; you are simply trying to collect damages which the other court has no jurisdiction over.

2007-06-09 13:27:54 · answer #1 · answered by Beach Saint 7 · 0 1

You are not talking about collateral estoppel. Double Jeopardy attaches on the underlying criminal case. So the person who pleaded out cannot be retried on transactions arising from that crime. It does NOT prohibit him being sued.

He can be sued for damages he caused in a civil action. The reason he cops an Alford plea is because if he pleads guilty, the plea in criminal court can be used in the civil action as an admission.

The Alford plea basically says "I'm not admitting that I did it but you have enough evidence to prove I did." Prosecutors routinely use this plea to get a conviction and defense attorneys generally will recommend this to their clients who may face a civil action as a way to avoid what is basically an automatic judgment against them.

Collateral Estoppel would apply when someone tries to sue someone twice on the same civil action after judgment. Effectively double jeopardy in civil court. One does not preclude the other though.

2007-06-09 13:35:54 · answer #2 · answered by Toodeemo 7 · 0 1

Well, there isn't collateral estoppel when using a criminal case as evidence in a civil case (though there may be if you go from civil then to criminal). If you are litigating two criminal actions, it prevents double jeopardy, encourages judicial efficiency (and prosecutorial efficiency), and is CHEAPER for the defendant. Basically, it forces people to think carefully and be organized when they sue, which speeds the process and is less costly. The doctrines of Res Judicata and Collateral Estoppel (also called Claim Preclusion and Issue Preclusion) apply to BOTH criminal and civil trials. Also, if you wish to learn more about this, you should do some research into "Law Of The Case" as well.

2007-06-09 14:04:46 · answer #3 · answered by cyanne2ak 7 · 0 1

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