Text 1609, 73 rader
Skriven 2007-05-15 17:03:02 av Ross Cassell (1:123/456)
   Kommentar till text 1604 av Joe Delahaye (64000.fidonews)
Ärende: Shootings
=================
Hello Joe!

15 May 07 16:43, you wrote to Roy Witt:

 >> In the civil court, he wasn't found guilty of murder, but he was
 >> found to be the one who was responsible for the circumstances in
 >> which his ex-wife and her friend were murdered. The first court
 >> could have sentenced him to life or death in prison. The second
 >> court wasn't so kind, as he'll be hounded for money by the victim's
 >> family for the rest of his life.

 JD> Please explain to me, how, he can be found respoinsible for something
 JD> that he was found not guilty of.  It makes absolutely no sense to me.

Civil cases are different from criminal cases.

A defendant in a civil case does not face the peril of losing ones civil rights
and freedom, like they would in a criminal case.

In criminal cases, the evidence must point to the the persons guilt, beyond any
reasonable doubt.

In a civil case, the weight of guilt can be decided by a preponderance of the
evidence. While a civil jury must deliver a unanimous verdict, the jurors can
determine that the plaintiff based on he evidence was 50%+1 culpable.

In criminal cases, the state has the burden of proof, in civil the plaintiff.

I have served on civil juries before, mostly in auto accident cases, but the
process is the same. We heard the plaintiffs evidence and defendants defence or
refutations. When deliberating, we had to decide among other things
believability of testimony, credibility of the witnesses etc. We then would
decide if the plaintiff met their burden of proof, if so to what degree. If the
plaintiff failed to meet their burden, the case was dismissed. We would then
decide punitive damages to the plaintiff, if they met their burden of proof,
based on the amount of guilt we determined that exceeded 50%.

In one auto accident case, we did find for the plaintiff, but felt he had also
contributed to the wreck sufficiently enough that we awarded him punitive
damages of only $1.00. We were like 51% in his favor, he got his bills paid
from the liability portion of the case. But we didnt award him a windfall for
punitive damages.

In another case, where we were deciding a "slip and fall case" against a local
grocery store, we found for the defendant.

Being tried for murder and acquitted, then being sued and losing, is not double
jeopardy.

In many of these cases, the civil victory is more symbolic than anything else.

Lets put this into context..

Lets say Joe Delahaye really in fact killed his neighbor with a baseball bat,
but hid his tracks so well that the state could not prove beyond a reasonable
doubt that he really committed the crime, therefore at trial is acquited.

The victims family then decides to sue you for wrongful death, using available
evidence the jury finds that by a preponderance of evidence you are culpable
and awards the plaintiffs respectively.

In this case, you are not facing loss of freedom, or civil liberties or life
via criminal conviction, but you would take a hit to your wallet, should the
plaintiffs be able to collect.


==
Ross
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