Criminal vs Civil Chart by alicejenny

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									CRIMINAL
   vs
 CIVIL
 CHART
October 3, 1995
February 4, 1997
     O.J. SIMPSON
 CRIMINAL                CIVIL
SEPT. 94 / OCT. 95    SEPT. 96 / FEB 97
MURDER               WRONGFUL DEATH
4 HOUR                    16 HOUR
DELIBERATION           DELIBERATION
NOT GUILTY             LIABLE ON ALL
                          COUNTS
                     $33 MILLION AWARD
WHAT CONCLUSIONS ABOUT OUR
LEGAL SYSTEM COULD BE DRAWN
FROM THE FACT THAT THERE WERE
DIFFERENT VERDICTS IN THE OJ
SIMPSON CRIMINAL TRIAL AND THE
OJ SIMPSON CIVIL TRIAL?
INJURED PARTY
CRIMINAL    CIVIL
VICTIM     INDIVIDUAL
FAMILY        OR
SOCIETY      GROUP
           ISSUE
 CRIMINAL      CIVIL
GUILTY         LIABLE
NOT GUILTY    NOT LIABLE

NEVER
INNOCENT
INITIATOR OF COURT ACTION

 CRIMINAL         CIVIL

   STATE         PLAINTIFF
 (PROSECUTOR)        v
     v
                RESPONDANT
DEFENDANT
 CONSTITUTIONAL PROTECTIONS

       CRIMINAL
*INNOCENT TIL PROVEN GUILTY
*RIGHT TO COUNSEL-CONFRONT
                    WITNESS
*RIGHT TO PUBLIC, SPEEDY TRIAL
*RIGHT TO JURY OF PEERS
 CONSTITUTIONAL PROTECTIONS

       CRIMINAL
 “TAKING THE 5TH”
     NO FORCED SELF INCRIMINATION
NO DOUBLE JEOPARDY

RIGHT TO DUE PROCESS
CONSTITUTIONAL PROTECTIONS
            CIVIL
                         NO
*INNOCENT TIL PROVEN…………….
*RIGHT TO COUNSEL ……………. NO
*RIGHT TO PUBLIC, …
                             YES
       SPEEDY TRIAL……
                             NO
                        LIMITED
*RIGHT TO JURY OF PEERS………
             CIVIL
CONSTITUTIONAL PROTECTIONS
 TAKING THE 5TH”
 NO FORCED
   SELF INCRIMINATION. .       NO

DOUBLE JEOPARDY . . . . . . . . NO

RIGHT TO DUE PROCESS . . . YES
                    JURY
                        BENCH TRIAL=JUDGE
FINDER OF FACT
                        IS FINDER OF FACT


 CRIMINAL                 CIVIL
EITHER SIDE           EITHER SIDE
   MAY                   MAY
 REQUEST               REQUEST
12 MEMBERS            6 MEMBERS
                      5 OF 6 MUST AGREE
UNANIMOUS VERDICT
     EVIDENCE
CRIMINAL    CIVIL

STRICT      LESS
           STRICT
   BURDEN OF PROOF
CRIMINAL           CIVIL
 BEYOND A     PREPONDERANCE

REASONABLE          OF THE
                  EVIDENCE
  DOUBT
             MORE EVIDENCE THAN NOT
   90-95%
                 50.1 TO 49.9%
   CONSEQUENCES
CRIMINAL       CIVIL
LOSS OF        ALWAYS
               MONEY
FREEDOM
    DEATH,
   PRISON, $
    BENEFICIARY OF
    CONSEQUENCES
CRIMINAL      CIVIL
SOCIETY    INDIVIDUAL
           OR GROUP
 What were you
   doing on
October 3, 1995 at
     1PM?
What were you doing
        on
  February 4, 1997
     at 8 PM?

								
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