¶ … Criminal and Civil Law
A man is charged with brutally killing his ex-wife and her friend, and the family of the two victims also file civil lawsuits "against the man for the damages suffered by the families" (Walston-Dunham, 99) because of the deaths. The first case is a criminal case because the state prosecutor files a case against the man. However, the second proceeding is a civil case because the families of the victims file lawsuits to claim the damages. In the first case, the man was not charged with the criminal offense because there was no proof beyond a reasonable doubt to find the man guilty. However, the man was found guilty in the civil proceeding based on the preponderance of the evidence.
The objective of this study to determine the reason the same evidence are not used for both the criminal and civil proceedings.
"Reason Same Standard of Evidence not used in both Criminal and Civil Case" (Walston-Dunham, 99)
The same type of evidence cannot be used for both the criminal cases and civil cases because the standard of proof for the criminal case is based on "beyond a reasonable doubt" (Walston-Dunham, 99). While the standard of proof for the civil proceeding is based on "balance of probability" (Walston-Dunham, 99). Thus, it is widely understood that the standard of evidence that a judge will accept to convict a suspect is higher in the criminal case than a civil proceeding. In the case of the man charged with a brutal murder, it is essential to understand that the man is being charged with both the criminal and civil cases at the same time. However, evidentiary rules in criminal and civil cases lie on the standard of proof required to persuade the court. Typically, the...
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