To be convicted criminally, the jury must find that the state proved that he committed murder beyond a reasonable doubt. To find him culpable for wrongful death in a civil trial, the jury only must find that it is more likely than not that he caused the death.
The standard of proof is different.
O.J. Simpson was acquitted of the murder of Nicole Brown Simpson and Ronald Goldman in a criminal trial. However, their families obtained a civil judgment against him for wrongful death. So, while criminal justice was not served, there was some form of accountability in the civil trial.
Civil and Criminal cases are never litigated at the same time in the same court. However, the same transaction (or sequence of events) may lead to both civil and criminal proceedings. For example, O.J. Simpson was prosecuted and subsequently acquitted for the murders of Nicole Brown Simpson and Ronald Goldman in a criminal court. However, he was sued for wrongful death by the families of the victims, found liable, and ordered to pay damages in a later civil suit.
Yes, a defendant accused of violating criminal law can also be sued in civil court for the same action. The outcomes of the criminal and civil cases can be independent of each other, and the defendant can face penalties in both cases if found liable.
It is called the verdict. In a criminal case it will be Guilty or Not Guilty. In a civil case it will be Liable or Not Liable.
Double jeopardy applies to criminal cases and prevents a defendant from being tried twice for the same offense. It does not apply to civil lawsuits, so a defendant could potentially be held liable for damages in a civil case even if they were previously acquitted of the same offense in a criminal trial.
OJ Simpson was not arrested due to the civil trial. Civil court differs from criminal court and usually the winner receives a monetary settlement for suffering and damages. Simpson was ordered to pay the Browns and Goldmans multiple millions for the death of their loved ones but as far as I know he has never payed a cent. But for the families the civil trial was a victory of sorts. The civil jury found him responsible for the deaths of Nichol Brown and Ron Goldman.
Guilty and Liable both mean that you are responsible by law. However, you are "liable" in civil cases and determined "guilty" in criminal cases. There is also a difference between state (liable) and federal (guilty).
Yes, perhaps the most well known case of that happening is the OJ Simpson situation where he was found not guilty in a criminal case of murdering his ex-wife and another man, and he was found civilly liable for their deaths. For information on the civil and criminal processes please see the related links below.
In a civil case, the jury decides whether the defendant is liable or not liable for the alleged harm or wrongdoing. In a criminal case, the jury decides whether the defendant is guilty or not guilty of committing a crime. The standard of proof is higher in a criminal case (beyond a reasonable doubt) compared to a civil case (preponderance of the evidence).
OJ Simpson was found not guilty in the criminal case regarding the murders of Nicole Brown Simpson and Ronald Goldman. However, he was found liable for their deaths in a civil trial. The evidence presented and the handling of the case led to much debate and controversy over OJ's guilt or innocence.
Juries are rarely used in civil cases. (In England that is anyway) If they are (which literally is only in EXTREME circumstances) then it will be the same procedure as in a criminal case except the jury will find the defendant liable, or not liable, as opposed to guilty or not guilty.
Yes, this is especially true with accounting/business issues, such as at Enron. Once the court has declared wrongdoing in a civil matter, the DA next looks to hold those responsible for this wrongdoing liable in criminal court.