O.J. Simpson was charged by the state of California with the murder of the his e
ID: 1189019 • Letter: O
Question
O.J. Simpson was charged by the state of California with the murder of the his ex-wife, Nicole Brown Simpson, and her friend Ron Goldman. A criminal trial was held in which O.J. Simpson was aquitted (found not guilty). Simpson was subsequently sued civilly by the families of Nicole Simpson and Ron Goldman for the tort of wrongful death. The jury in the civil case found O.J. civilly liable and the court ordered him to pay nearly $20 million in damages plus interest.
Briefly explain the differences between a criminal trial and a civil trial.
Explain how O.J. Simpson could be found not guilty in a criminal trial but liable in a civil trial.
Explain in your own words the difference between the crime of murder and the tort of wrongful death?
Explanation / Answer
The main stride to comprehension this appearing inconsistency is to realize that a criminal arraignment includes distinctive laws, an alternate court framework, and diverse weights of verification. In particular, the meaning of first degree murder in the setting of the O.J. Case requires that the demonstration be finished with noxiousness aforethought and deliberation. What's more, to convict in the criminal court, the body of evidence against the litigant must be demonstrated past a sensible uncertainty.
In a common case for wrongful demise, then again, the offended parties needed to demonstrate just that the defendants purposeful and unlawful behavior brought about the victims passings.. The weight of confirmation in the common case was a proof's prevalence - a much lesser weight than is required in a criminal case.
In this way, while a criminal jury may sensibly neglect to discover blame past a sensible uncertainty and absolve a charged, a civil jury may likewise sensibly find by a proof's prevalence that a defendants unlawful behavior results in civil liability.
Homicide is a purposeful act, while some wrongful passings are the consequence of a mishap. For example negligence by a doctor towards his patients.
Another major difference between murder and wrongful death is that murder charges are brought by the state against the defendant, not by the victim of the crime. On the other hand, the family members of a wrongful death victim are the ones who initiate a wrongful death lawsuit.
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