How Could O.J. Be Found Not Guilty In His Criminal Case, Yet, Liable In His Civil Case?
As discussed above, the burden of proof in a criminal matter is different than in a civil matter. To be found guilty in a criminal proceeding, the state must show beyond a reasonable doubt that you are guilty of the crime charged. Beyond a reasonable doubt is a difficult burden to meet. In a civil case the plaintiff must show by a preponderance of the evidence that the defendant is responsible for any damages. Numerically, a preponderance of the evidence is a showing of a 51% certainty that the defendant is responsible. Beyond a reasonable doubt requires a showing of guilt closer to 100%. This explains why some people are found “not guilty” in a criminal case then found “liable” in a civil case that is based upon the same underlying facts.
Other Civil Versus Criminal Law FAQs
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Q:
What Is The Difference Between Criminal Law And Civil Law?
A: Civil law involves a private lawsuit between two or more parties. Examples of civil cases include personal injury and business disputes. Criminal matters involve a … More -
Q:
Can Some Activities Be Both A Criminal Offense And A Civil Offense?
A: Yes. For example, if Dave decides to walk up and slug Matt, Dave may be guilty of battery in a criminal court and he may also be liable to Matt for battery in a civil … More -
Q:
Is Being Guilty The Same As Being Liable?
A: No. Guilt and innocence are terms used only within a criminal proceeding. Liability or non-liability are terms used only within a civil proceeding. -
Q:
Can I Be Arrested For The Sole Purpose Of Being Questioned On A Matter?
A: No. The police can request that you accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offense. -
Q:
Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?
A: No. It is legal for the police to question you without the presence of an attorney or notifying you of your right to an attorney so long as the questioning is merely … More
Criminal Law Sub-categories
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Appeal
Arrest Information Bail Hearings & Criminal Criminal Trial Date Rape |
Expungement
Legal Basics Miranda warnings Sentencing and Sanctions The 4th Amendment and Search Warrants |
