Devizier said:
The fact that this is a civil suit raises some flags, but the burden of proof is much lower in civil cases, right? If this is a shakedown -- the words that Rose's lawyer used -- then I'd be *shocked* if there wasn't some attempts to communicate demands to Rose ahead of the fact. If this were the case, wouldn't they have come out with them already?
Criminal is "beyond a reasonable doubt" while civil (
usually) is "preponderance." So in criminal cases, if there's a scenario that gives rise to a "reasonable" doubt in the jury's mind, the defendant should be acquitted. In civil cases, preponderance means that the side which puts on the greater weight of evidence wins - not necessarily more, but, if the jury had to pick a winner and a loser at the end of the day, the side that has a 51% chance or greater being right wins, and the side that has a 49% chance or less of being right looses.
The most obvious wrinkles are these: Each standard is applied to each charge or count of the complaint, so in a civil case side A might win on counts 1 and 2, but side B might win on count 3. It depends on the counts and the facts. Also, there can be affirmative defenses and certain statutes that shift or enhance a burden; a defendant asserting an alibi is usually the easiest example. (Basically if the alibi is tight and can't be disproven, the jury should acquit/find for the person asserting the alibi.)
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So, given the above, you have to consider that there are a
lot of factual scenarios where a jury might have a reasonable doubt as to criminal guilt on a set of facts, but think that there's probably a 75% chance that things went down the civil plaintiff claims they did. Think of OJ Simpson - the criminal case wasn't proven to the jury, but the civil case was proven at the lower standard.
So it's not really unusual to see a civil case brought when a criminal case seems like it might have a reasonable doubt hardwired into it. However, we don't see as many completely "stand alone" civil cases because the following dynamics (and more) apply:
1) The state pays for the criminal investigation and has broad powers to issue warrants/subpoena people. The plaintiff has to pay for all of that investigation (plus attorney's fees) in a civil case. So it's rare when there's: 1) enough doubt not to even warrant a solid and completely fleshed out criminal
investigation (not prosecution), and 2) enough proof "out there" to the extent it might convince a civil jury.
2) Criminal cases bring a certain amount of "justice" with them in that the defendant, if found guilty, is punished by the state and may have to pay the victim money ("restitution"). In a civil case, if the plaintiff prevails, they only get a judgment - meaning they still have to take affirmative steps to collect money damages for the wrongs they suffered. So there's a real question as to what the plaintiff is getting out of it at the end of the process. Do they want to pay a lot of money for the validation of 6 strangers on a jury? Does the plaintiff have the money to stay the course? Does the defendant have enough money to make that worthwhile for them?
3) Sort of a corollary, but when there's enough proof to convince a criminal jury, the civil suit might follow on the heels of the criminal process. There are some constitutional evidence-gathering and due process considerations to take into account, but you can think of it like this - if the State can prove the facts beyond a reasonable doubt to a jury, the civil case is basically a no-brainer, since they'll be able to prove the same set of facts (most likely) beyond 50%. Sometimes it's automatic - depending on the relationship between what the criminal and civil cases are alleging. It's just another reason why "paired" criminal/civil actions are more common.