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How can a person be found not guilty in criminal court but guilty of the same crime in civil court?
Wiki User
∙ 11y ago
By all means YES. Use O. J. Simpson as a prime example. Reason: The reason this is possible is that there are two different standards of proof in criminal and civil cases and it is possible that the evidence in the criminal case is not strong enough for a criminal conviction but is strong enough for a civil jury verdict. In criminal cases, proof of the crime must be by proof beyond a reasonable doubt, a very high standard. In civil cases, the standard is proof by the preponderance of the evidence, a lower level of proof. The reasonable doubt standard is sometimes likened to having a moral certainty that the charges have been proved. The preponderance standard is simply that the weight of the evidence makes it more likely that one side is right than the other. So, it is possible for the same evidence to fail to equate to beyond a reasonable doubt, while at the same time conforming to the preponderance of the evidence. In the O.J. case, the jurors in the civil were free to disregard the "If it don't fit, you must acquit" claim regarding the gloves that had been made in the criminal case. The fact that the gloves did not fit was just enough to raise a reasonable doubt in the minds of the jury that O.J was guilty of the crime. It wasn't enough to get below the preponderance of the evidence standard.
Also, there are different juries.
Wiki User
∙ 6y ago
Wiki User
∙ 11y agoThat is an interesting situation, which did happen in the O.J. Simpson trials. He was found not guilty of criminal murder, but in a seperte trial was found guilty, civilly, of wrongful death, by two different juries. The law does not require that the decisions of one jury must be logically consistent with the decisions of another jury. Juries are free to arrive at whatever decision they see fit. Of course, we cannot help but conclude that one of those two inconsistent verdicts must have been wrong.
Additional: The above answer draws the wrong final conclusion.
The CHARGES brought against OJ SImpson were not identical, and there is a difference in the burden of proof between a criminal trial and a civil trial.
In a criminal trial the defendant must be found guilty "beyond a reasonable doubt" while in a civil trialthe burden of proof is simply by "the preponderance of the evidence."
They sound similar but are very different, Thus the opposite findings of OJ's trials.
Wiki User
∙ 6y agoRegarding your specific question, the primary difference between criminal and civil cases is the burden of proof.
In a criminal case, the prosecution is expected to "prove guilt beyond a reasonable doubt". Meaning that the state must be (just short of) certain that the individual is guilty.
In a civil case, the plaintiff is expected to "prove liability in preponderance of the evidence". Meaning the judge will go with what is more likely.
I'll use the O.J Simpson case as an example. O.J Simpson was found not guilty of a criminal murder, but was found liable for a civil wrongful death.
In the murder case, the prosecution was expected to prove 100% guilt, which they did not do.
In the wrongful death suit, the plaintiff was only expected to prove 51% liability, which they were capable of.
Wiki User
∙ 9y agoYes. The threshold is lower in civil court.
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How can a single act be tried in both a criminal court and a civil court?
(in the US) A perfect example would be the O.J. Simpson case. He was found not guilty of Homicide, but found guilty in civil court of causing "wrongful death."
What is needed in criminal court in order to be found guilty?
Presentation of evidence and testimony to prove guilt beyond a reasonable doubt.
When a case of shoplifting is a case for what kind of court?
kind of court? Criminal court for adults, Family court for kids. Civil court of found not guilty for shoplifting and your suing them.
What kind of cases are heard by the district courts?
district courts are responsible for determining the facts of a case. They take both criminal and civil cases. In a criminal case, a district court will decide if a person is guilty or innocent based on the evidence presented.
The judge found for the defendant?
This is in civil trial and it means the judge found that the case was presented in favor of the Defendant: in other words the person who was sued was found not liable for the allegations made by the Plaintiff. In criminal court the judge either finds you guilty or not guilty.
Explain how O J Simpson was tried in both Civil and Criminal Courts found guilty in one not guilty in the other but no one posed the double jeopardy angle?
Criminal and Civil are different. A Criminal trial is on behalf of the People or State or such like against the accused. A Civil hearing is when one person or group or such like sues another or such like, usually for damages or rectification. Criminal take precedent over Civil and the burden of proof is higher in Criminal - 'Beyond a reasonable doubt' rather than 'On the balance of probabilities' in Civil. 'Double jeopardy' means you cannot be tried [Criminal trial] for the exact same crime twice - after a verdict has been reached the first time. In Civil once you have accepted the rectification, money or otherwise you cannot take the same action again against those you were successful against. O. J. was found not guilty in a criminal court but that did not debar a civil action for damages and in the Civil hearing he was not and could not be found guilty of the criminal charge of murder.
What kind of court is the Crown Court civil criminal or administrative?
It's a Criminal Court.
Can you press charges against someoene who lied to court to have you arrested?
If you are found not guilty you have the option of suing them in civil court for damages.
Was tupac a criminal?
He was found guilty of sexual abuse in a court of law. That makes him a criminal.
What crimes does Criminal checks search for?
In some countries, these searches will return all criminal offense that have not been expunged, including traffic offenses. Some counties will only return offenses where a person has a conviction, where the person has pleaded guilty, or found guilty by a court.
Is an appellate court a civil court?
Appellate courts are technically not classified as criminal or civil since those kinds of of trials are not held there. In addition appellate courts hear both civil and criminal appeals. There is no separate criminal appellate court or civil appellate court.
May a person found not guilty be required to pay court costs?
Not in a criminal trial. However, the outcome of a civil trial may be different depending upon the ground rules agreed to by the opposing attorneys at the outset of the suit.
