Criminal case versus cival case?
how can u be found not guilty in a criminal murder case but then found liable in a cival case for said murder? isnt that an oxy-moron? if thats the case everyone found not guilty in a criminal case can be retried for same crime and found guilty? makes no sense. explain please. thanks
Answers:
The rules and the penalties differ.
To be criminally convicted, there has to be lack of "reasonable doubt"
In civil court they look at "tort" or wrong. did you cause injuty or damage to someone? not necessarily the one you killed? No reasonable doubt only statute.
But no death sentence or prison time, just a monetary award.
The burden of proof is different. In a criminal case the prosecutor must prove and the jury agree that the person committed the crime beyond a reasonable doubt. In a civil case the burden is only to show that the defendant was more likely than not responsible.
Additionally, once a person is tried and acquitted for a crime they can not be retried for the same crime EVER. Even if they publicly admit it (or write a bad book about how they would have done it)
The burden of proof is different. In a criminal case, there has to be proof beyond a reasonable doubt. If you are guilty, you go to jail.
In a civil case, the plaintiff has to have the preponderance of evidence (51%) in his favor. If he wins, the plaintiff gets money from the defendant.
B/C in a criminal case you trying to proof beyond a resonable doubt guilty or not guilty. In a civil trial you are attempting to find out if that person owed a "duty" to whom ever was hurt perponderance of the evidence.
Criminal=Guilty or not Guilty (you either did it or not)
Civil=owed a duty v. didn't owe a duty (shows your intent)
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